John McDuffie Photography TERMS OF SERVICE 1. ACCEPTANCE OF TERMS John McDuffie Photography welcomes you. John McDuffie Photography provides the John McDuffie Photography Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the John McDuffie Photography Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular John McDuffie Photography owned or operated services, you and John McDuffie Photography shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Privacy Policy) are hereby incorporated by reference into the TOS. John McDuffie Photography may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply. 2. DESCRIPTION OF JOHN MCDUFFIE PHOTOGRAPHY SERVICES John McDuffie Photography is a unique photography service who is not afraid to push the limits of professional wedding photography to surprise you with extraordinary wedding photos of your wedding day now known or hereafter (the "John McDuffie Photography Services"). Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through this website meet your specific requirements. Unless explicitly stated otherwise, any new features that augment or enhance the current John McDuffie Photography Services, including the release of new John McDuffie Photography properties, shall be subject to the TOS. 3. SPECIAL ADMONITIONS FOR INTERNATIONAL USE. Various countries may prohibit the hiring of foreign photographers and photography companies or not allow foreign photographers or photography companies entry into a particular country without proper authority. Your hiring of foreign photographers and photography companies is done entirely at your own risk. 4. INDEMNITY You agree to indemnify and hold John McDuffie Photography and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you use, submit, post, transmit, modify or otherwise make available through the John McDuffie Photography’s Services, your use of the John McDuffie Photography ' Services, your connection to the John McDuffie Photography Services, your violation of the TOS, or your violation of any rights of another. 5. NO COMMERCIAL REUSE OF JOHN MCDUFFIE PHOTOGRAPHY SERVICES You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the John McDuffie Photography Services (including Content, trademarks, and advertisements). 6. MODIFICATIONS TO JOHN MCDUFFIE PHOTOGRAPHY SERVICES John McDuffie Photography reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the John McDuffie Photography Services (or any part thereof) with or without notice. You agree that John McDuffie Photography shall not be liable to you or to any third party for any modification, suspension or discontinuance of the John McDuffie Photography Services (or any part thereof). Circumstance may include bad weather, hardware failure, failure of guests to arrive on time, animal attacks or unforeseen circumstances that require the date or times be adjusted. Deposits are not refundable within 30 days of an event. 7. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, photographers, advertisers, or any other third-party ("third parties") found on or through the John McDuffie Photography Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that John McDuffie Photography shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the John McDuffie Photography Services. 8. LINKS The John McDuffie Photography Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that John McDuffie Photography is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that John McDuffie Photography shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 9. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE JOHN MCDUFFIE PHOTOGRAPHY SERVICES ARE AT YOUR SOLE RISK. THE JOHN MCDUFFIE PHOTOGRAPHY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOHN MCDUFFIE PHOTOGRAPHY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. JOHN MCDUFFIE PHOTOGRAPHY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE JOHN MCDUFFIE PHOTOGRAPHY ' SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE JOHN MCDUFFIE PHOTOGRAPHY ' SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE JOHN MCDUFFIE PHOTOGRAPHY SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE JOHN MCDUFFIE PHOTOGRAPHY SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JOHN MCDUFFIE PHOTOGRAPHY SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOHN MCDUFFIE PHOTOGRAPHY OR THROUGH OR FROM THE JOHN MCDUFFIE PHOTOGRAPHY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 10. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOHN MCDUFFIE PHOTOGRAPHY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. 11. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU. 12. TRADEMARK INFORMATION You agree that all of John McDuffie Photography ' trademarks, trade names, service marks and other John McDuffie Photography ' logos and brand features, and product and service names are trademarks and the property of John McDuffie Photography Inc. ("John McDuffie Marks"). Without John McDuffie Photography ' prior permission, you agree not to display or use in any manner the Fearless Marks. 13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT John McDuffie Photography respects the intellectual property of others, and we ask our users to do the same. John McDuffie Photography may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide John McDuffie Photography Copyright Agent the following information: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b. a description of the copyrighted work or other intellectual property that you claim has been infringed; c. a description of where the material that you claim is infringing is located on the site; d. your address, telephone number, and email address; e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. John McDuffie Photography ' Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By email: john@colorcrayon.com 14. DELIVERY OF PRODUCTS OR SERVICES You understand that John McDuffie Photography will make all reasonable efforts to provide timely delivery. If no delivery date is specified, you agree to allow 6 to 10 weeks for all deliverable. You agree that John McDuffie Photography is not responsible for mistakes made by the USPS including, but not limited to, loss of products or arrival delays. You agree John McDuffie Photography is not responsible for mechanical failures, bad weather or acts of nature. 15. GENERAL INFORMATION Entire Agreement. The TOS constitutes the entire agreement between you and John McDuffie Photography and governs your use of the John McDuffie Photography Services, superseding any prior version of this TOS between you and John McDuffie Photography with respect to the John McDuffie Photography Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other John McDuffie Photography Services, affiliate services, third-party content or third-party software. Choice of Law and Forum. You and John McDuffie Photography each agree that the TOS and the relationship between the parties shall be governed by the laws of Georgia without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and John McDuffie Photography, shall be brought exclusively in the courts located in Georgia or the U.S. District Court for Georgia. You and John McDuffie Photography agree to submit to the personal jurisdiction of the courts located in Georgia or the U.S. District Court for Georgia, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Waiver and Severability of Terms. The failure of John McDuffie Photography to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Statute of Limitations. 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 John McDuffie Photography Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.