Terms of Use
Terms of Use
Amy Moseley Photography Terms of Use
Date of Last Revision: October 8, 2020
Please read the following Terms of Use carefully before you use Amy Moseley Photography website services.
Welcome to AmyMoseleyPhotography.com. Amy Moseley Photography is a Virginia Sole proprietorship company that does business as amymoseleyphotography.com.
Among other things, through its Web interface (referred to herein as "Website"), Amy Moseley Photography provides a platform for uploading, sharing, and viewing and purchasing various types of content. Amy Moseley Photography uses the latest technology through services provided, supported and secured by PhotoBiz, LLC, which includes HTML5 websites. Amy Moseley Photography's dynamic and collaborative service enables registered users and unregistered users (visitors and registered users are collectively referred to as "User(s)") to access a host of functionalities, including but not limited to various types of information submitted by Users. These Terms of Use (referred to herein as "the Agreement") applies to all Users (both registered users and unregistered users). Some parts of the Agreement are only applicable to registered users.
Amy Moseley Photography provides services to you subject to the notices, terms, and conditions set forth in the Agreement. In addition, when you use any of Amy Moseley Photography's services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into the Agreement by this reference. Amy Moseley Photography reserves the right to change this Website and the Agreement at any time.
ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
1. Agreement
The content on Amy Moseley Photography's Website, including without limitation any text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the trademarks, service marks, and logos contained therein (collectively, "Content"), is owned by or licensed to Amy Moseley Photography and is subject to copyright, trademark, and other intellectual property rights under United States, foreign laws, and international conventions.
The Agreement governs your use of the Website and all Amy Moseley Photography software, tools, functions, products, and services (collectively, the "Services"). By using the Website or any of the Services, you agree to be bound by the Agreement. The terms of the Agreement may be modified by Amy Moseley Photography from time to time without notice to you. Please read the Agreement carefully and check the Website frequently to stay abreast of any changes or modifications. If you do not agree to be bound by the Agreement, then do not use the Website.
Amy Moseley Photography may, in its sole discretion, modify or revise the Agreement at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by the Agreement, you may not use the Website. You also must be 18 years of age or older to use the Services.
In consideration of the license granted herein below and your use of the Website and the Services, you represent you are of legal age to form a binding contract and you agree to comply with the Agreement. If you do not agree to the Agreement, Amy Moseley Photography does not agree to provide you with access to the Website or the Services.
Amy Moseley Photography reserves the right at any time to:
(a) Change the Agreement. Your continued use of the Website or Services following any such change will signify your acceptance of such change;
(b) Change the Services, including eliminating or discontinuing any Content or feature of the Services;
(c) Change costs, products, packages, images, galleries, proofing and other website content and service information
(d) Modify the Website with or without notice to you and without liability to you or any third party.
2. License
Amy Moseley Photography grants you a personal, non-exclusive, non-transferable, limited, and revocable license to view the Content and Website subject to the Agreement. You may access or use the Website on any devices as authorized by Amy Moseley Photography or its Content delivery providers.
By using the site or contracting for Services of any type from Amy Moseley Photography, you grant Amy Moseley Photography a worldwide, royalty-free, and non-exclusive license to publicly display content (e.g. images) of you and/or your children and family on the World Wide Web. Amy Moseley Photography will not otherwise use your content without your permission.
3. Accuracy of Information/Registration
You represent and warrant the information that you provide to us during registration and at all other times will be true, accurate, current, and complete, and you have all necessary right, power, and authority to enter into the Agreement and to perform the acts required of you hereunder. You also agree to maintain and promptly update your registration data to keep it true, accurate, current, and complete. This is especially important with respect to your email address, since that is the primary way in which Amy Moseley Photography will communicate with you about your Plan and your orders.
4. Payment Terms
(a) Payments: All fees for Services will be paid through our merchant service provider to Amy Moseley Photography in U.S. dollars. You hereby authorize Amy Moseley Photography to bill your credit card or bank debit card each successive billing period until termination of your Plan. You agree to immediately notify Amy Moseley Photography of any changes in your credit card number or expiration date. If the card is not honored for any reason, Amy Moseley Photography will attempt to notify you. If an alternative billing method has not been established by you and Amy Moseley Photography within eight (8) days from the date the credit card is not honored, Amy Moseley Photography shall be entitled to terminate your Plan at that time, except as may be otherwise provided herein.
(c) Payment Date: Except as otherwise provided herein below, all fees payable under the Agreement shall be paid by you to Amy Moseley Photography on the day you purchase a photo, package, product or service.
(e) Payment and Service cancellations: If you fail to make or cancel your payment or service date, your product, service or package will attempt to be cancelled or rescheduled. If it cannot be cancelled or rescheduled, you will still be responsible and charged for the product or service.
(f) Sales/Use Taxes: Pursuant to federal, state, and/or local tax regulations, Amy Moseley Photography may collect sales and/or use taxes from you. Taxes for software as a service (SAS) is a constantly shifting and developing area of law. Amy Moseley Photography, in its sole discretion, will make a decision as to whether it is applicable to your particular payment. If collected, the taxes will be remitted to the appropriate taxing agency. If it is not collected, you are solely responsible for your tax liability, if applicable. Please contact a qualified tax professional if you have any questions or concerns about your tax liability.
You acknowledge, consent, and agree that Amy Moseley Photography may access and disclose your personal information and Content if required to do so by law or in a good faith belief that such access or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the Agreement;
(c) respond to claims that any content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or safety of Amy Moseley Photography, its Users, and the public.
Further, Amy Moseley Photography may share (but will not sell for money) your personally identifiable information with our affiliates and those companies that assist us in providing the Services to you (e.g., web, domain and hosting services, PhotoBiz affiliated financial institutions to effect payment for Services, etc.).
8. Third Party Services
The Website may contain services and links to third party websites or provide content from third party websites that are not owned or controlled by Amy Moseley Photography. Amy Moseley Photography has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You may order goods and services through Amy Moseley Photography from other persons ("Seller") not directly affiliated with Amy Moseley Photography. All matters concerning the goods and services desired from Seller, including but not limited to purchase terms, payment terms, payment services, payment methods, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Amy Moseley Photography makes no warranties or representations whatsoever with regard to any goods or services provided by any Seller. You will not consider Amy Moseley Photography, nor will Amy Moseley Photography be construed as, a party to such transactions, whether or not Amy Moseley Photography may have received some form of revenue or other remuneration in connection with the transaction, nor shall Amy Moseley Photography be liable for any costs or damages arising out of, either directly or indirectly, any such transaction. By using the Website, you expressly relieve and release Amy Moseley Photography and its affiliates from any and all liability arising from your use of any third-party website or service. Accordingly, we encourage you to be aware of when you are no longer on the Website and/or are using a third-party service and to read the terms and conditions and privacy policy of each other website/service provider that you visit.
Amy Moseley Photography also integrates with the Google Geocoding API(s) to obtain location information and display results using the map block on your website. By using Amy Moseley Photography or its embeddable map application, you are also bound by Google's Terms of Service, which can be found here: https://www.google.com/intl/en/policies/terms.
9. Termination, Limitation of Liability, No Guarantee Against Data Loss
Amy Moseley Photography reserves the right to terminate your account if Amy Moseley Photography learns that you have provided false or misleading registration information. Amy Moseley Photography reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (a) the Agreement; and/or upon any breach by you of the Agreement or your failure to pay for products or Services. Further, Amy Moseley Photography reserves the right to terminate your access to and/or use of the Website and remove and discard any of your content at any time for any reason, including without limitation any failure to comply with any part of the Agreement.
Amy Moseley Photography also reserves the right to discontinue providing all or part of the Website. Amy Moseley Photography reserves the right, in its sole discretion, to change or discontinue the Website and Content at any time, without notice. You agree that any termination of your access to or use of the Website and any discontinuation by Amy Moseley Photography in providing the Website may occur without notice to you and that Amy Moseley Photography shall be under no obligation to: retain any of your content, provide any further access to any content, or return any content to you. You agree that Amy Moseley Photography shall not be liable to you or any third party for any such termination or for any interruption or discontinuation of the Website.
If Amy Moseley Photography terminates your account because you have breached the Agreement, you shall not be entitled to a refund of any fees or costs, including the purchase of images, products or packages.
While accidental data loss is very unlikely, Amy Moseley Photography does not guarantee that any data you store with Amy Moseley Photography will not be lost. Data might include customer information, account information, sales information, transaction histories, text, images, etc. You agree that Amy Moseley Photography shall not be liable for the loss of any images or data.
17. Copyright / Digital Millennium Copyright Act
YOU SHALL NOT USE THE WEBSITE AND/OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR IN ANY WAY VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
Amy Moseley Photography respects and vigorously protects the intellectual property rights of third parties.
18. Trademarks
Amy Moseley Photography, all Amy Moseley Photography logos, and any other product or service names or marks, logos, or slogans of Amy Moseley Photography contained in the Website are trademarks and/or service marks of Amy Moseley Photography and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Amy Moseley Photography. You may not use any metatags or any other "hidden text" utilizing "Amy Moseley Photography" or any other name, trademark or product or service name of Amy Moseley Photography without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icon, and scripts, is copyrighted. The service mark, trademark, and/or trade dress of Amy Moseley Photography and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks, registered trademarks, and service marks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
19. Prohibited Content and Behavior, Including Copyright and Trademark Infringement, Unlawful Conduct, Obscenity, Spamming, Etc.
You are solely responsible for all of the content you share using the Services and any consequences that result.
As a condition of your use of the Services, you shall not post, email, link to or otherwise transmit any content that:
(a) is unlawful, illegal, racist, sexist, harmful, threatening, harassing, derogatory, defamatory, obscene, vulgar, pornographic, invasive of another's privacy, hateful, depicts graphic or gratuitous violence, or is otherwise objectionable;
(b) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) infringes any trademark, trade secret, copyright, or other proprietary rights of any party;
(d) harms minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
(e) forges headers or otherwise manipulates identifiers in order to disguise the origin of any content transmitted through the Website;
(f) falsely states or otherwise misrepresents your affiliation with any person or entity;
(g) is unsolicited commercial email or "spam" or is used for the purpose of engaging in any practice that is in any way connected with "spam";
(h) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware; or
(i) exceeds the scope of the Services purposely provided to you.
You also agree that you will not:
(a) link, or attempt to link, the Amy Moseley Photography site to any site offering any images or photographs displaying any nudity;
(b) link, or attempt to link, any site offering any images or photographs displaying any nudity to the Amy Moseley Photography site; and/or
(c) sell, offer for sale, or link to any services of a sexual nature (including all escort services, regardless of whether sexual services are explicitly offered), sex toys, or other sexually related content.
Amy Moseley Photography reserves the right to refuse to provide Services, fulfill any order, or any part of any order, if it believes that the Agreement has been violated. In addition, Amy Moseley Photography reserves the right to disclose information or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Amy Moseley Photography or others.
Failure to fulfill any of the obligations in this Section will constitute grounds for blocking your access to the Services, removal of posted material, and/or non-fulfillment of your order (or any part of your order) without prior notice to you and in the sole discretion of Amy Moseley Photography. Amy Moseley Photography shall determine in its sole discretion what action, if any, shall be taken in the event of any discovered or reported violation of the above-mentioned terms.
20. Mutual Respect in Communications
Amy Moseley Photography strives to provide its customers with the best photography and customer support in the industry. Amy Moseley Photography expects that you will also show respect in your communications with Amy Moseley Photography representatives too.
Amy Moseley Photography will not tolerate rude or disrespectful communications from you or your agents. Rude or disrespectful communications include, but are not limited to: profanity, threats, personal put-downs, belittling language, provoking language, harassing language, defamation, libel, obscenities, vulgarities, pornography, pornographic language, language invading another's privacy, hateful language, racist language, sexist language, or false statements.
If Amy Moseley Photography determines you are being rude or disrespectful to its representatives or other customers, it may warn you, suspend your account, terminate your account, or take other action as appropriate. The actions described above will constitute grounds for suspension or termination of your account. Amy Moseley Photography reserves the right to suspend or terminate your account for rude or disrespectful behavior at any time and without notice. Amy Moseley Photography maintains solely in its discretion the determination of what is rude or disrespectful communication.
21. Equipment and Software
You agree to provide, at your own expense, Internet access, compatible software, and compatible equipment to access and use the Website. You may need to download certain software to use enhanced features and the Website. You may need to obtain updates or upgrades from time to time in order to continue using the Website. Amy Moseley Photography may modify its system requirements to utilize the Website at any time.
AMY MOSELEY PHOTOGRAPHY MAKES NO WARRANTY THAT ANY PARTICULAR COMPUTER, PORTABLE DEVICE, OR OTHER RECORDING DEVICE WILL BE COMPATIBLE WITH THE SOFTWARE AND SERVICE PROVIDED TO YOU, THAT ANY DEVICE USING THE SOFTWARE AND SERVICE WILL FUNCTION, OR THAT THE WEBSITE WILL WORK ON THE EQUIPMENT AND SOFTWARE USED BY YOU.
22. Website Content (including all products)
Amy Moseley Photography does not control the underlying web, payment or other technological services and does not have any obligation to monitor, supervise, or control those services. Accordingly, Amy Moseley Photography does not guarantee the accuracy, integrity, or quality of such content and services. This means that you, and not Amy Moseley Photography, are entirely responsible for all content that you post, email, or transmit via the Services and for complying with all applicable federal and state laws, including, without limitation, copyright laws.
Amy Moseley Photography assumes no responsibility for monitoring the Website or Services for inappropriate content or conduct. If at any time Amy Moseley Photography chooses, in its sole discretion, to monitor the Website or Services, however, Amy Moseley Photography assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
You acknowledge and agree that Amy Moseley Photography and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, to remove, or to block access to any content that is available via the Website or the Services at any time, for any reason, or for no reason at all, with or without notice.
Without limiting the foregoing, Amy Moseley Photography shall have the right, in its sole discretion and without notice, to remove any content that violates the Agreement. Upon discovery of such content, Amy Moseley Photography shall be further entitled to terminate your Plan. You warrant that your content does not violate any laws, both international and domestic. Under no circumstances will Amy Moseley Photography be liable in any way for any content, including without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, or transmitted via the Services.
The Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited in any manner for any other purposes whatsoever without the prior written consent of Amy Moseley Photography. Amy Moseley Photography reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of any Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You acknowledge and agree that the Services and the software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property laws and other laws. Except as expressly permitted herein by Amy Moseley Photography, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, products, packages or images.
Amy Moseley Photography reserves the right to refuse to fulfill any order, or any part of any order, if it believes that the Agreement has been or will be violated. In addition, Amy Moseley Photography reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Amy Moseley Photography or others.
23. Shopping Cart - eCommerce/Store/Online Store
Amy Moseley Photography's Shopping Cart will enable you to purchase products through the internet.
Amy Moseley Photography reserves the right to refuse to fulfill any order, or any part of any order, if it believes that the Agreement has been, is being, or will be violated in any way. In addition, Amy Moseley Photography reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to protect the rights or property of Amy Moseley Photography or others.
25. Special COVID-19 Promotions & Virtual Credits
Amy Moseley Photography may issue you a virtual credit or coupon for one reason or another. Virtual credits may be applied toward the purchase of a product or toward payment of a monthly fee. Virtual credits may only be held by active Amy Moseley Photography customers. Upon cancellation or termination, all virtual credits will be forever removed from your account. Virtual credits are non-refundable and have no cash value.
Amy Moseley Photography may add COVID-19 promotions to assist clients during this difficult time. We cannot offer a promotion that will negatively affect our business operations. We are trying hard to help our current clients and new clients, but reserve the right to cancel any promotions, virtual credits, coupons or other services and products or benefits of any type at any time.
27. Digital Download Service
The Services may include the ability for customers to download digital files. The source file (the image of you or your family member) may be located on a third-party server and/or on Amy Moseley Photography servers/systems/memory cards. Third parties may download the file and give it or sell it to others. Also, third parties may discover a way to obtain the file directly from a third-party server. Amy Moseley Photography is not responsible for any loss, liability, or copyright infringement that may result from the availability of this service. Amy Moseley Photography may take measures to attempt to increase the level of security of the files; however, Amy Moseley Photography is unable to guarantee the security of the files. If you do not wish to take the risk of loss, liability, or copyright infringement, then do not use this service or engage in direct or indirect use of Amy Moseley Photography services.
28. Images
Photos uploaded through the Website are not necessarily original photo quality specifications, but rather are "versions" of the real photos uploaded at a potentially lesser quality than the original. Uploads are seen online at a resolution of 72 dpi and in some cases 150 dpi. Downloads may additionally be versions of the lesser quality uploads. Selection of a particular download type for purchase will only provide the quality noted in the cart and will not be full image quality.
Periodically, Amy Moseley Photography will discontinue products, which may contain images. Notwithstanding, Amy Moseley Photography is not obligated to notify you that you have images in discontinued products. As a courtesy, Amy Moseley Photography may independently delete the images in discontinued products in your account/favorites/proofing page. In such case, Amy Moseley Photography will not responsible to you for the consequences of said deletion.
29. Amy Moseley Photography's Services & Limitations
Amy Moseley Photography may offer services like "Portrait sessions", in which Amy Moseley Photography would perform the Services in exchange for fixed-price fees. In addition to these Terms of Use, the separate document entitled " Amy Moseley Photography Services Agreement" contains terms and limitations related to Amy Moseley Photography's Services. Please carefully read the Amy Moseley Photography Services Agreement before paying for any Amy Moseley Photography Service. By paying for Amy Moseley Photography's Services you are agreeing to these Terms of Use and the Amy Moseley Photography Services Agreement.
Amy Moseley Photography may offer a Refer A Friend or similar referral program in which Amy Moseley Photography will give you something for referring a new customer to Amy Moseley Photography. The potential future Refer A Friend program has the following rules/limitations: 1) only active Amy Moseley Photography clients are eligible to participate; 2) the new Amy Moseley Photography client must submit their valid and primary email address, at which time the referral credit will be issued to your account; 3) the client must be a new Amy Moseley Photography client; 4) the referral credit cannot be combined with any other promotional offers; 5) you cannot refer yourself or your immediate family member; 7) referral credits are not eligible to members of the same household; and 8) referral credit is strictly limited to virtual credit and has no cash value (see section on virtual credit in these Terms).
Amy Moseley Photography works hard to prevent spam-related abuse to protect the deliverability of all its customers' legitimate emails. Therefore, Amy Moseley Photography does not tolerate spamming and other prohibited communications.
Spam. You agree that Company may terminate your Service immediately if a form is created or is found to be used inside an unsolicited email.
Scams. You agree that you will not use forms you create for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means. Any account reported or found doing so will be immediately suspended.
Simply put, clients must not:
- Send Spam! Per definition on the Spamhaus website.
If you violate any of these rules, then we may suspend or terminate your account.
Please see Section 19 for additional details on spamming and prohibited communications.
37. Limitation of Liability and Damages
You expressly agree that the use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. Amy Moseley Photography expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. You expressly agree that Amy Moseley Photography (or its officers, directors, managers, affiliates, or suppliers) will not be liable to you for any indirect, special, consequential, incidental, or exemplary damages OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, PUNITIVE DAMAGES, OR LEGAL EXPENSES, WHETHER FORESEEABLE OR NOT, FOR ANY REASON.
OCCASIONAL SERVICE OUTAGES MAY OCCUR THAT AMY MOSELEY PHOTOGRAPHY CANNOT CONTROL. IF ANY OUTAGES OCCUR, AMY MOSELEY PHOTOGRAPHY WILL WORK TO TRY TO RESTORE SERVICE PROMPTLY. AMY MOSELEY PHOTOGRAPHY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. AMY MOSELEY PHOTOGRAPHY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE WEBSITE AND/OR THE SERVICES. IN NO EVENT WILL AMY MOSELEY PHOTOGRAPHY OR ITS OFFICERS, DIRECTORS, MANAGERS, AFFILIATES, OR SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR THEFT OR DESTRUCTION OF, ANY CONTENT MADE AVAILABLE FOR DISTRIBUTION OR DISPLAY THROUGH THE SERVICES.
You understand and agree that the submission of digital images to Amy Moseley Photography, and the upload/download of any material through the Services are done at your own discretion and risk. You are solely responsible for any loss or damage to your images, your computer system, or other data that may result from the upload/download of any material. You are solely responsible for creating back-ups of your digital images. You acknowledge and agree that Amy Moseley Photography accepts no responsibility or liability for, and employs no control over, the Content of the information passing through the Amy Moseley Photography host servers, network hubs, or the Internet. All services performed hereunder are performed "as is" and without warranty against failure of performance including, BUT NOT limited to, any failure due to computer hardware or communication systems. Except as expressly provided in the Agreement, Amy Moseley Photography does not make, and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, in reference to the Services, including without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or developing from course of dealing, course of performance, or usage in trade.
THE FOREGOING LIMITATION OF LIABILITY AND DAMAGES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
38. Indemnification
You agree to indemnify and hold harmless Amy Moseley Photography, its members, affiliates, officers, directors, agents, employees, successors and assigns, from and against any and all claims, demands, liabilities, losses, costs, expenses (including reasonable attorneys' and experts' fees and court costs), causes of action, or judgments directly or indirectly made by any third party due to or arising out of your use of the Website or Services, your violation of the Agreement, your violation of any third party right, including without limitation any copyright, property, or privacy right or any claim that any content submitted by you caused damage to a third party. The obligations set forth herein shall survive the Agreement and your use of the Website.
39. Entire Agreement
The Agreement, including the Amy Moseley Photography Privacy Policy, which is incorporated herein, and any future amendments constitute the entire agreement between you and Amy Moseley Photography and governs your use of the Services, superseding any prior agreements between you and Amy Moseley Photography with respect to the Services, with the exception of Photography services which have their own terms. Any modification of the Agreement must be in writing and signed by an authorized Amy Moseley Photography representative.
40. Choice of Law and Arbitration
The Agreement and the relationship between you and Amy Moseley Photography shall be governed by the laws of the State of Virginia without regard to the State's conflict of law provisions.
You agree that any dispute arising out of the Agreement or your use of the Website or the Services requires that such claim be resolved exclusively by binding arbitration. The arbitration shall be conducted by a single arbitrator in Loudoun County, Virginia, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"). No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Subject to the Agreement, the arbitrator shall be authorized to award either party any remedy permitted by applicable law.
BECAUSE THE USE OF THE WEBSITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN US, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
Should this arbitration agreement be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Greensboro, Guilford County, North Carolina, and you and Amy Moseley Photography agree to submit to the personal and exclusive jurisdiction and venue of such courts, and you waive any objections that you might otherwise have thereto.
Notwithstanding the foregoing, in recognition of the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you are a resident of any country outside the United States, you understand and agree that we store and process your information on computers located in the United States, and that by providing any information to Amy Moseley Photography, you acknowledge and consent to the transfer of such information to the United States.
41. Waiver and Severability of Terms
Amy Moseley Photography's failure to enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision or of any other rights or provisions in the Agreement. If a court of competent jurisdiction should find that one or more rights or provisions set forth in the Agreement are invalid, you agree that the remainder of the Agreement shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
42. Limitations on Actions
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or in connection with the Agreement which you assert must be commenced within one (1) year after such claim or cause of action arose or be forever barred.
43. Section Titles
The section titles in the Agreement are for convenience only and have no legal or contractual effect.