Terms and Conditions of Use
The following rules ("Terms and Conditions") govern the use of the Web site located at URL www.oceancalmphotography.com and the services offered on the site, Track/Modify an Order, Affiliate Programs, Corporate Account, and the ability to order products and receive newsletters and promotional emails, and links (collectively, our "Site"). Please read the following Terms and Conditions carefully.
By using our Site, you understand and agree to be legally bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing our Site. The Terms and Conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Ocean Calm Photography, LLC. ("Ocean and Charm, Ocean Calm Photo, "we" or "us"). We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site.
Trademarks of Ocean Calm Photography, LLC
Our Site is owned and operated by us. Unless otherwise specified, all materials appearing on our Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Ocean Calm Photography, LLC. Copyright © 2008, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Ocean Calm Photography, LLC or our respective content providers. The content and software on our Site is the property of Ocean Photography and/or its suppliers and is protected by U.S. and international copyright laws. You may view, download, print and retain a copy of pages of our Site only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us at firstname.lastname@example.org. All rights not expressly granted herein are reserved.
We post legal notices and various credits on pages of our Site. If you duplicate, publish or otherwise distribute material on our Site, you may not remove these notices or credits or any additional information accompanying such notices and credits.
The following is a list of trademarks, trade name and service marks owned by Ocean Calm Photography, LLC: Ocean Calm PhotoTM
The absence of a trademark, trade name and service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and service names are trade names, trademarks or service marks of Ocean Calm Photography, LLC. All other trade names, trademarks or service marks are property of their respective owners. The use of any Ocean Calm Photography, LLC trade name, trademark or service mark without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us at email@example.com.
You agree that you will not misuse or abuse account access and passwords. You agree that you will use only your password and that you will take all reasonable precautions to protect its secrecy.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any state.
Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order. Please read the official rules that accompany each special offer, coupon and discount.
Links and Search
Our Site may link to other sites. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may adversely affect your computer. By using our Site to search for or link to another site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of our Site to obtain search results and/or to link to another site. However, if you have a problem with a link from our Site, please notify us at firstname.lastname@example.org. We will investigate the link and take appropriate action.
Violation of the
Terms and Conditions
By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to our Site and to any services offered on our Site, and may remove any content on our Site you have provided ("User Content") if we believe that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of Ocean Calm Photography, LLC or another user.
Compliance With Laws
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of Ocean Calm Photography, LLC. By submitting Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We shall be free to use Feedback on an unrestricted basis.
You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through this Site. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.
Ocean Calm Photography, LLC, in conjunction with our service providers, will attempt to deliver a product within 20 business days, assuming that the customer has provided proper ordering and payment information. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery.
Ocean Calm Photography, LLC is not responsible for:
Free shipping offers are valid only on weekday deliveries to addresses within the Continental United States.
OCEAN CALM PHOTOGRAPHY, LLC SOLE MAXIMUM LIABILITY WILL NOT BE MORE THAN TO REFUND THE PURCHASE PRICE AS SOON AS REASONABLY POSSIBLE. CLAIMS UNDER THIS GUARANTEE MUST BE BROUGHT IN ACCORDANCE TO THE GUARANTEE POLICY AFTER DELIVERY OCEAN CALM PHOTOGRAPHY SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING PHOTOGRAPHIC PRODUCTS.
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION ON OUR SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITE OR ANY SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY CONTENT, SEARCH OR LINK ON IT WILL PROVIDE ANY SPECIFIC RESULTS.
EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, OUR SITE AND OUR SITE'S USE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, OCEAN CALM PHOTOGRAPHY, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITE OR ANY OTHER HYPER-LINKED WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree that any legal action brought against us shall be governed by the laws of the State of Virginia, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate federal or state court located in Chesapeake, VA. We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
By using our Site, you agree to indemnify and hold Ocean Calm Photography, LLC, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless 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 our Site, including providing a link to another site or uploading any content to our Site.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us at email@example.com or write us at:
Ocean Calm Photography
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