Terms Of Use
This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the services. By using the services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website).
BY USING THE WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE WHICH ARE HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Amendments. CM.Scott Photography may modify this Agreement from time to time and such modification shall be effective for Visitors who first visit after the posting, upon posting by CM.Scott Photography on the website.
Term. This Agreement shall remain in full force and effect while you use the website or until your order is completed and delivered to you.
Credit Card Terms. To order any products you will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order any products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. CM.Scott Photography currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before CM.Scott Photography invoices the credit card for all amounts due and payable. By providing CM.Scott Photography with your credit card number and associated payment information, you agree that CM.Scott Photography is authorized to immediately invoice your account for all fees and charges due and payable to CM.Scott Photography as a result of your purchase of any products. You agree to immediately notify CM.Scott Photography of any change in your billing address or the credit card used for payment hereunder. CM.Scott Photography reserves the right, at any time, to change its prices and billing methods for any and all products sold, either immediately upon posting on the Website, or by e-mail delivery to you.
Disputes. You must notify us in writing via email within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived.
Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify CM.Scott Photography's acceptance of your order, nor does it constitute confirmation of our offer to sell. CM.Scott Photography reserves the right at any time after receipt of your order to accept or decline your order for any reason. CM.Scott Photography further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by CM.Scott Photography upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
Indemnity. You agree to defend, indemnify, and hold CM.Scott Photography, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
Electronic communications. The communications between you and CM.Scott Photography use electronic means, whether you visit the website or send CM.Scott Photography e-mails, or whether CM.Scott Photography posts notices on the website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from CM.Scott Photography in an electronic form; and (b) agree that all terms of use, agreements, notices, disclosures, and other communications that CM.Scott Photography provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of Florida without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
Notices. CM.Scott Photography may give any notice required by this Agreement by means of a general notice on the website, electronic mail to your e-mail address on record with CM.Scott Photography, or by written communication sent by first class mail or pre-paid post to your address on record with CM.Scott Photography. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email).
Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”
Other. This Agreement is accepted upon your use of the Website or any of the services provided by CM.Scott Photography. This Agreement, including the CM.Scott Photography Privacy Policy, which is incorporated by reference, constitutes the final, complete and exclusive agreement between you and CM.Scott Photography regarding the subject matter hereof and supersedes and merges all prior discussions between the parties. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of CM.Scott Photography to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The parties of this Agreement have expressly required that the present Agreement be drawn up in the English language. Please contact CM.Scott Photography with any questions regarding this Agreement. You may also receive a copy of this Agreement in (in ASCII text format) by contacting us via CM.Scott Photography's general support form.
Copyright©/Trademark® Information. Copyright© 2010, CM.Scott Photography. All rights reserved. The trademarks, logos, service marks (“Marks”), and photos displayed on the website are the property of CM.Scott Photography. You are not permitted to use these Marks without the prior written consent of CM.Scott Photography. Any photos sold by CM.Scott Photography are copyrighted materials of CM.Scott Photography and any form of reproduction is strictly prohibited.
