Terms of Service

For the purposes of this agreement the Client will be considered you, the end user. The Vendor is considered Swander Photography LLC, a Kansas Coropration.

Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."

Purpose of the Agreement

Client wishes to use the Vendor's gallery and/or images under the terms and conditions detailed in this Agreement. Vendor has agreed to provide such services according to the terms and conditions of this Agreement.

Terms of Use

Welcome to the Swander Photography Photo Gallery (Swander Photography) website (the Site). Please read this User Agreement carefully, including Swander Photography Photo’s privacy policy, which you may access by clicking on this link.

YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED ON THIS PAGE.

By accessing and using the Site, you accept and agree to be bound, without modification, limitation or qualification, by these terms. If you do not accept any of the terms stated here, you must not use the Site. The right to access and use the Site is not transferable to any person or entity. Swander Photography Photo may, at its sole discretion, modify or revise this User Agreement at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit this page periodically to review the User Agreement. If we do make material changes, we will post a notice on our home page that the User Agreement has been modified and provide a link to the revised User Agreement. If you continue to use the Swander Photography Photo Site after we post a change, it means you have agreed to the modified terms.

Online Privacy Statement

Please review our Privacy Policy, which is part of this User Agreement and describes our data collection policies, privacy measures and treatment of personal information of Site users.

Changes

Swander Photography Photo reserves the right at any time to change or discontinue, temporarily or permanently, the Site and any and all features and sections contained on it, with notice to registered users provided by posting to the Site, and immediately and without prior notice in the event of technical difficulties. Swander Photography Photo shall not be liable to any User or to any third party for any such modification, suspension or discontinuance.

Copyright And Trademark – Use Of Content

Access to and use of text, artwork, photographs and other files on the Site are expressly subject to the following terms and conditions:

Site and Materials Protected by Copyright, Trademark and Other Laws

The Site, and all materials contained within the Site, including images, text, software, documentation, audio and video clips, are protected by copyright, trademark and other laws and may be covered by other restrictions as well. In addition, Swander Photography Photo owns all rights in the Site and the materials contained within the Site. Swander Photography Photo expressly prohibits the copying and distribution of any protected materials on the Site. Unless otherwise noted, users who wish to download or print any text or image files from the Site for such uses are welcome to do so with the express permission of Swander Photography Photo. Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL.

Swander Photography Photo reserves the right to publish winning images on our website and social media. Copyright will always remain with the author.

Commercial Use is Prohibited. Unauthorized commercial exploitation of protected materials is specifically prohibited. Anyone wishing to use any of files or images contained in the Site for commercial use or any purpose other than fair use as defined by the copyright laws, must request and receive prior written permission from Swander Photography Photo and, if necessary, from the photographers or other third parties that hold the copyright or other rights to such materials. All requests for permission to reproduce protected materials for commercial use should be addressed directly to Swander Photogrpahy.

Links, Frames And Metatags

You may link to the home page of the Site if the link does not cast us in a disparaging, false or misleading light. Swander Photography Photo requests advance notice of such linking, which can be provided by contacting Swander Photography Photo via . You may not frame any content contained on the Site nor may you use Swander Photography Photo’s name or Trademarks in metatags, targeted advertising keywords (such as Google’s AdWords) or any other form of “hidden text” without our express prior written consent.

Links To Other Web Sites Of Member Photographers

The Swander Photography Photo Site contains links to the websites of many of our member photographers. We may also elect to provide links to other websites. We have no control over these other sites or their content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read. Swander Photography Photo has not reviewed all of the sites that link to the Site and is not responsible for the content on any of those sites linked to the Site. If you use a link to visit any other site, you do so at your own risk.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE SITE, INCLUDING THE UNDERLYING SOFTWARE, AND ALL CONTENT CONTAINED ON THE SITE IS PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND ANY THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, CONTENT PROVIDERS) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR CONTENT CONTAINED ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT.

NEITHER WE NOR ANY CONTENT PROVIDER MAKES ANY WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT. WE DO NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

YOUR USE OF THE SITE AND THE CONTENT CONTAINED ON THE SITE IS AT YOUR OWN SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE CONTENT. IN NO EVENT WILL WE OR ANY CONTENT PROVIDER BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, EVEN IF WE OR A CONTENT PROVIDER IS NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify and hold harmless Swander Photography Photo, its officers, members, employees (paid or unpaid), volunteers and agents, against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of this User Agreement or your use of the Site or any protected materials.

Termination

We reserve the right to terminate the Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Limitation of Liability, Indemnity and Governing Law Sections of this User Agreement will survive any such termination.

Non-Disparagement

By using this gallery Client/s agrees that they will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of Swander Photography LLC or associated parties, and shall refrain from making any false, negative, critical or disparaging statements/reviews, implied or expressed, concerning Swander Photography, including, but not limited to, communication style, methods of doing business, it’s products or services, the quality of products and services, role in the community, and any of its present or former independent contractors. The client/s further agree to do nothing that would damage the business reputation or goodwill of Swander Photography.

Parties agree that it would be impractical and extremely difficult to ascertain the amount of actual damages caused by a failure to comply with the Anti-Bullying & Sexual Harassment Protection provision above. Parties agree that in the event it is established that Client has failed to comply with this provision, at a minimum liquidated damages of $5,000 per infraction shall be payable.

Governing Law and Jury Trial Waiver

This User Agreement is governed by the laws of the State of Kansas applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in the State of Kansas in Johnson County and waive any jurisdictional and venue or inconvenient forum objections to such courts. IN ADDITION, YOU AGREE TO THE WAIVE ANY RIGHT TO TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

General

If any provision of this User Agreement is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Headings are for solely reference purposes and do not define or limit the scope or extent of that section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement set forth the entire understanding and agreement between us with respect to the subject matter of this User Agreement.

Any questions regarding the foregoing Terms and Conditions of Use may be directed to info@swnderphotography.com