2. Limited Use License
- Permission is granted to temporarily view materials (information or software) on this Website for personal, non-commercial transitory viewing only. This is the grant of a license and not a transfer of title. Under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on this Website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Kurt Johnson Photography, LLC, at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Proprietary Rights
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Website is strictly prohibited without the express written permission of Kurt Johnson Photography, LLC. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact: firstname.lastname@example.org
4. Disclaimer of Warranties
THE MATERIALS, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THIS WEBSITE (“THE CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. KURT JOHNSON PHOTOGRAPHY, LLC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, KURT JOHNSON PHOTOGRAPHY, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THIS WEBSITE; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability
IN NO EVENT SHALL KURT JOHNSON PHOTOGRAPHY, LLC OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KURT JOHNSON PHOTOGRAPHY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, KURT JOHNSON PHOTOGRAPHY, LLC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Because of the marked increase in the fabrication and proliferation of computer viruses affecting the Internet, we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. We are not responsible or liable for any damage caused by such hazards.
7. Indemnification and Force Majeure
Neither Kurt Johnson Photography, LLC nor any independent provider/transmitter of information shall be liable in any way, and you agree to indemnify and hold harmless Kurt Johnson Photography, LLC and its subsidiaries, other affiliated companies, the independent providers/transmitters and all employees, contractors, officers, and directors thereof (the “Indemnitees”) for (1) any inaccuracy, error, or delay in, or omission of (a) any information, or (b) the transmission or delivery of information; (2) any loss or damage arising from or occasioned by (a) your use or misuse of this Website as well as any such inaccuracy, error, delay, or omission, or (b) any non-performance, or interruption of information due either to any negligent act or omission by the Indemnitees or to any “force majeure” (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of the Indemnitees.
8. Severability and Integration
9. Notices and Procedure for Making Claims of Copyright Infringement
We respect the intellectual property rights of others, and require that the people who use the Website, or the services or features made available on or through this Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to your Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
FOR COPYRIGHT NOTICES ONLY
Copyright Agent: Grayson J. Derrick
Baird Holm LLP
1700 Farnam Street, Suite 1500
Omaha, NE 68102-2068
Kurt Johnson Photography, LLC reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice.
11. International Use
Kurt Johnson Photography, LLC makes no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.
12. Revisions and Errata
The materials appearing on this Website could include technical, typographical, or photographic errors. Kurt Johnson Photography, LLC does not warrant that any of the materials on this Website are accurate, complete, or current. Kurt Johnson Photography, LLC may make changes to the materials contained on this Website at any time without notice. Kurt Johnson Photography, LLC does not, however, make any commitment to update the materials.
13. Links and Third Party Sites
Kurt Johnson Photography, LLC has not reviewed all of the sites linked to this Website and is not responsible for the contents of any such linked site. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Kurt Johnson Photography, LLC, and you acknowledge that Kurt Johnson Photography, LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of any link does not imply endorsement by Kurt Johnson Photography, LLC of the site. Use of any such linked website is at the user’s own risk.
14. Linking to the Website
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement without the express written consent of Kurt Johnson Photography, LLC.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by Kurt Johnson Photography, LLC with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions provided by Kurt Johnson Photography, LLC with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
You agree to cooperate with Kurt Johnson Photography, LLC in causing any unauthorized framing or linking immediately to stop. Kurt Johnson Photography, LLC reserves the right to withdraw linking permission without notice.
Kurt Johnson Photography, LLC may disable all or any social media features and any links at any time without notice.
15. Site Terms and Conditions Modifications
16. Choice of Law and Forum