ArtistWebGroup.com TERMS OF USE

This site is owned and operated by ArtistWebGroup.com . Your use of this website and any materials available herein identifies that you agree to the following terms of use (hereinafter referred to ?Terms of Use?).  If you do not agree to these terms then you should leave this website immediately (hereinafter referred to as ?Site?, not use any of the materials available herein, and/or not subscribe to this service.

COPYRIGHTED MATERIALS. 

1. "Materials? on ArtistWebGroup.com shall constitute and be defined as any files, images, animations, photographs, or text available on ArtistWebGroup.com.
   
   
2. All Materials downloaded from ArtistWebGroup.com is licensed to you by ArtistWebGroup.com  Downloading these Materials does not transfer any title from these Materials to you, or any intellectual property rights therein to you. 
   
   
3. You may under no circumstances redistribute or sell this content at any time, and it is illegal to duplicate, download, or distribute any Materials from ArtistWebGroup.com except for your use, which is subject to the Usage Guidelines.
   
4. The design and layout, as well as all Materials provided on the Site, or of any other website owned, operated, licensed, or controlled by or associated with ArtistWebGroup.com, is protected by the United States and International law and other intellectual property proprietary rights and may not be copied or imitate in whole or in part.
    

LIMITATION OF WARRANTY.
EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT, IF ANY, THAT IS ATTACHED TO THE SITE, ArtistWebGroup.com MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY ArtistWebGroup.com WITH RESPECT TO THE SITE, CONTENT AND MATERIALS. ArtistWebGroup.com DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT ArtistWebGroup.com WILL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS.

YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT. IN NO EVENT WILL ArtistWebGroup.com OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF ArtistWebGroup.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF ArtistWebGroup.com OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

These Terms of Use contain the entire understanding of the parties hereto relating to any use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. ArtistWebGroup.com reserves the right to modify or terminate these Terms of Use without notice, if, in ArtistWebGroup.com sole discretion, you fail to comply with any term of these Terms of Use. Upon termination, you must destroy all materials obtained from this Site, copies and related documentation thereof. In addition, ArtistWebGroup.com reserves the right to terminate this Site without notice.

ROBERTGAINESPHOTOGRAPHER.COM can only be used for personal, non-commercial use. As an account holder of ROBERTGAINESPHOTOGRAPHER.COM, you agree not to:

Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful or otherwise unsuitable as determined by ROBERTGAINESPHOTOGRAPHER.COM.
Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships, (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any Content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights of any party.
Upload, post, email or otherwise transmit any Content that harms minors in any way.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through ROBERTGAINESPHOTOGRAPHER.COM.
Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Interfere with or disrupt, or attempt to interfere with or disrupt, the Site, servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to ROBERTGAINESPHOTOGRAPHER.COM.
Upload, post, email or otherwise transmit any Content that exhibits expressions of abuse, offensive language and/or imagery, obscenity or pornography, including but not limited to: child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over ROBERTGAINESPHOTOGRAPHER.COM, its affiliates or customers. ROBERTGAINESPHOTOGRAPHER.COM has the sole discretion to determine whether Content falls within this section, and any Content submitted to ROBERTGAINESPHOTOGRAPHER.COM will be subject to examination from time to time.

Active Participation

A condition of ROBERTGAINESPHOTOGRAPHER.COM is your "Active Participation". Active Participation is defined as purchasing photo merchandise, including reprints and enlargement, through the Photo Center at least once every 365 days. Purchases through ROBERTGAINESPHOTOGRAPHER.COMs third parties do not count towards Active Participation. If you cease Active Participation for any reason, ROBERTGAINESPHOTOGRAPHER.COM may terminate your account and remove all Content.


Limitations of Liability

ROBERTGAINESPHOTOGRAPHER.COM uses commercially reasonable efforts to maintain the availability of ROBERTGAINESPHOTOGRAPHER.COM 24 hours a day, 7 days a week, and provide photo processing within the time frame communicated to you. However,
ROBERTGAINESPHOTOGRAPHER.COM will not be liable to you for any unexpected outage or disruption of service. Actual delivery times may vary.

Submitting any Content to
ROBERTGAINESPHOTOGRAPHER.COM for processing, printing, storage, transmission or other handling constitutes an agreement by you that any damage to your Content or computer system, or any loss of data, by
ROBERTGAINESPHOTOGRAPHER.COM, its subsidiaries, employees, or agents, even if caused by negligence or other fault, will only entitle you to replacement with a like amount of storage and processing. Except for replacement, the handling of any Content is not under warranty or liability, and recovery for any incidental or consequential damages is excluded.

You understand and agree that any material, including but not limited to Content and software, downloaded or otherwise obtained through the use of the
ROBERTGAINESPHOTOGRAPHER.COM is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download or upload of such material. Your use of
ROBERTGAINESPHOTOGRAPHER.COM may expose you to Content you may feel objectionable. You take sole responsibility for such exposure.

Indemnity

By using ROBERTGAINESPHOTOGRAPHER.COM, you agree to indemnify ROBERTGAINESPHOTOGRAPHER.COM and its parent, subsidiaries, affiliates, suppliers, partners, directors, officers, consultants and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of this service, including any violation of these ROBERTGAINESPHOTOGRAPHER.COM Terms of Use.