DISCLAIMER

Compliance with Laws

COMPLY IN ALL MATERIAL RESPECTS WITH THE REQUIREMENTS OF ALL LAWS AND ALL ORDERS, WRITS, INJUNCTIONS AND DECREES APPLICABLE TO IT OR TO ITS BUSINESS OR PROPERTY, EXCEPT IN SUCH INSTANCES IN WHICH (A) SUCH REQUIREMENT OF LAW OR ORDER, WRIT, INJUNCTION OR DECREE IS BEING CONTESTED IN GOOD FAITH BY APPROPRIATE PROCEEDINGS DILIGENTLY CONDUCTED; OR (B) THE FAILURE TO COMPLY THEREWITH COULD NOT REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.

Protection of Intellectual Rights and License

MINTY MIST PHOTOGRAPHY SHALL BE THE OWNER OF ALL CONTENT AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, CONTENT IN THE FORM OF TEXT, GRAPHICS, SOFTWARE, MUSIC, SOUND, PHOTOGRAPHS, AND VIDEOS (COLLECTIVELY, THE “INTELLECTUAL PROPERTY”). ALL PHOTOGRAPHS DISPLAYED ON THIS WEBSITE ARE THE SOLE PROPERTY OF MINTY MIST PHOTOGRAPHY. EXCEPT AS EXPRESSLY AUTHORIZED BY MINTY MIST PHOTOGRAPHY HEREIN, YOU AGREE NOT TO COPY, MODIFY, RENT, LEASE, LOAN, SELL, ASSIGN, DISTRIBUTE, LICENSE, REVERSE ENGINEER, OR CREATE DERIVATIVE WORKS BASED ON THE WEBSITE OR ANY CONTENT (INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE) AVAILABLE THROUGH THE WEBSITE.

YOU ARE HEREBY GRANTED A NONEXCLUSIVE, NONTRANSFERABLE, REVOCABLE, LIMITED LICENSE TO VIEW CONTENT RETRIEVED FROM THE WEBSITE FOR YOUR PERSONAL, NONCOMMERCIAL PURPOSES, PROVIDED THAT YOU DO NOT REMOVE OR OBSCURE THE COPYRIGHT NOTICE OR OTHER NOTICES DISPLAYED ON OR INCLUDED WITH THE CONTENT.

YOU MAY NOT DOWNLOAD, TRANSMIT, REPRODUCE, COPY, REPRINT, MODIFY, REWRITE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PUBLICLY DISPLAY, PUBLICLY PERFORM, LICENSE, LEASE, TRANSFER OR SELL CONTENT RETRIEVED FROM THE WEBSITE IN ANY WAY, FOR ANY PUBLIC OR COMMERCIAL USE OR PROVIDE IT TO ANY COMMERCIAL SOURCE, INCLUDING OTHER WEBSITES, REGARDLESS OF WHETHER OR NOT YOU RECEIVE COMPENSATION, WITHOUT THE EXPRESS, PRIOR WRITTEN PERMISSION OF MINTY MIST PHOTOGRAPHY.

YOU ALSO MAY NOT, WITHOUT MINTY MIST PHOTOGRAPHY’S PERMISSION, FRAME OR “MIRROR” ANY MATERIAL CONTAINED ON THIS SITE. ANY UNAUTHORIZED USE OF ANY MATERIAL CONTAINED ON THIS SITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, THE LAWS OF PRIVACY AND PUBLICITY, AND COMMUNICATIONS REGULATIONS AND STATUTES.

NONE OF THE MATERIAL CONTAINED ON THIS WEBSITE (INCLUDING ALL SOFTWARE, HTML CODE AND OTHER CODE) MAY BE REVERSE-ENGINEERED, DISASSEMBLED, DECOMPILED, TRANSCRIBED, STORED IN A RETRIEVAL SYSTEM, TRANSLATED INTO ANY LANGUAGE OR COMPUTER LANGUAGE, RETRANSMITTED IN ANY FORM OR BY ANY MEANS (ELECTRONIC, MECHANICAL, PHOTO-REPRODUCTION, RECORDATION OR OTHERWISE), RESOLD OR REDISTRIBUTED WITHOUT THE PRIOR WRITTEN PERMISSION OF MINTY MIST PHOTOGRAPHY.

EXCEPT AS OTHERWISE NOTED, ALL RIGHTS, TITLE AND INTEREST, INCLUDING ALL COPYRIGHTS, IN AND TO ALL PHOTOGRAPHS POSTED ON THIS WEBSITE ARE OWNED EXCLUSIVELY BY MINTY MIST PHOTOGRAPHY.

EXCEPT AS OTHERWISE NOTED, ALL OTHER CONTENT POSTED ON THIS WEBSITE IS:

Notice and Procedure for Making Claims of Copyright Infringement

MINTY MIST PHOTOGRAPHY ASKS THE USERS TO RESPECT THE INTELLECTUAL PROPERTY OF OTHERS. UNDER THE FEDERAL COPYRIGHT ACT OF 1976, PHOTOGRAPHS ARE PROTECTED BY COPYRIGHT FROM THE MOMENT OF CREATION. ACCORDING TO THE U.S. COPYRIGHT OFFICE, THE OWNER OF THE “WORK” IS GENERALLY THE PHOTOGRAPHER OR, IN CERTAIN SITUATIONS, THE EMPLOYER OF THE PHOTOGRAPHER. EVEN IF A PERSON HIRES A PHOTOGRAPHER TO TAKE PICTURES OF A WEDDING, FOR EXAMPLE, THE PHOTOGRAPHER WILL OWN THE COPYRIGHT IN THE PHOTOGRAPHS UNLESS THE COPYRIGHT IN THE PHOTOGRAPHS IS TRANSFERRED, IN WRITING AND SIGNED BY THE COPYRIGHT OWNER, TO ANOTHER PERSON. THE SUBJECT OF THE PHOTOGRAPH GENERALLY HAS NOTHING TO DO WITH THE OWNERSHIP OF THE COPYRIGHT IN THE PHOTOGRAPH.

Trademarks/Service Marks

YOU MAY NOT USE OR DISPLAY MINTY MIST PHOTOGRAPHY’S TRADEMARKS OR SERVICE MARKS WITHOUT ITS PRIOR WRITTEN CONSENT.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL MINTY MIST PHOTOGRAPHY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, OR REPRESENTATIVES, OR THOSE OF ITS PARENT, SUBSIDIARIES OR AFFILIATES, BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION ON THIS SITE OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITE, (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (3) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (4) ANY OTHER MATTER RELATING TO THE SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT EMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Disclaimer of Warranties With Respect to Use of Website

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MINTY MIST PHOTOGRAPHY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MINTY MIST PHOTOGRAPHY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. MINTY MIST PHOTOGRAPHY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MINTY MIST PHOTOGRAPHY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, OR REPRESENTATIVES, OR THOSE OF ITS PARENT, SUBSIDIARIES OR AFFILIATES, FROM AND AGAINST ANY AND ALL LIABILITY, LOSSES, CLAIMS, DEMANDS, DISPUTES, DAMAGES OR COSTS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS OF LITIGATION, RESULTING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, YOUR BREACH OF THIS AGREEMENT OR YOUR CONNECTION TO THE SITE.

Severability of Agreement

IN THE EVENT THAT ANY PROVISION IN THIS AGREEMENT SHALL BE HELD INVALID OR UNENFORCEABLE, SUCH PROVISION SHALL BE SERVERABLE FROM, AND SUCH INVALIDITY OR UNENFORCEABILITY SHALL NOT BE CONSTRUED TO HAVE ANY EFFECT ON, THE REMAINING PROVISIONS OF THIS AGREEMENT.

Applicable Law

THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA (WITHOUT GIVING EFFECT TO ANY CONFLICTS OR CHOICE OF LAWS PROVISIONS THEREOF THAT WOULD CAUSE THE APPLICATION OF THE DOMESTIC SUBSTANTIVE LAWS OF ANY OTHER JURISDICTION).

Terms & Conditions were last updated on October 17, 2017.