Copyright © 2009 Photogenic Professional Lighting All rights reserved.
This Web site has been established primarily for the benefit and use of Photogenic Professional Lighting’s authorized, independent distributors, and the customers and potential customers of those distributors.
The contents of all materials available in this World Wide Web site and underlying source files are copyrighted by Photogenic Professional Lighting (“Photogenic”) unless otherwise indicated. Except as stated herein, no part of the materials available at Photogenic.com and its underlying source files may be copied, reproduced, translated or reduced to any electronic medium or machine-readable form, disseminated, published or transferred in any form or by any means except with the prior written permission of Photogenic.
At certain places in this site, links to other Internet addresses may be provided. Photogenic does not endorse, approve, guarantee or control these external sources in any manner whatsoever and you have the duty to review the terms, conditions and policies of any such external sites before use.
Terms And Conditions of Use
You acknowledge and agree that: (1) Photogenic.com, including all Materials, is copyrighted and protected by worldwide copyright laws and treaties; and (2) you will comply with all copyright laws worldwide in your use of Photogenic.com and will prevent any unauthorized copying of the Materials. Except as expressly provided herein, you acknowledge and agree that Photogenic Professional Lighting (“Photogenic”) does not grant any express or implied right to you regarding any patents, treaties, copyrights, trademarks or trade secret information owned by Photogenic Professional Lighting.
Limited Personal License
Subject to the terms and conditions set forth in this Agreement, Photogenic grants you a non-exclusive, non-transferable, limited right to access, use and display Photogenic.com and the materials thereon on your own personal computer. You agree not to interrupt or attempt to interrupt the operation of Photogenic.com in any way.
Photogenic authorizes you to view, download and print the information ("Materials") at Photogenic.com only for your use. This authorization is not a grant of title in either the Materials or any copy of any type of Materials and is subject to the following: 1) you agree to keep intact, on all copies of the Materials downloaded or printed or otherwise used, all copyright and other proprietary notices contained in the Materials; 2) you agree not to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use the Materials for any public or commercial purpose; and 3) you agree not to transfer the Materials to any person unless you give him or her a complete copy of this Agreement.
Disclaimer and Limitation of Warranties
PHOTOGENIC.COM AND THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHIC ERRORS. PHOTOGENIC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF PHOTOGENIC.COM, THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH PHOTOGENIC.COM. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR OWN RISK. PHOTOGENIC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF PHOTOGENIC.COM OR ITS MATERIALS. PHOTOGENIC MAY MAKE ANY OTHER CHANGES TO PHOTOGENIC.COM, THE MATERIALS AND THE PRODUCTS, PRODUCTS SERVICES OR SUGGESTED LIST PRICES DESCRIBED IN PHOTOGENIC.COM AT ANY TIME WITH OR WITHOUT NOTICE.
PHOTOGENIC.COM, THE INFORMATION AND MATERIALS ON PHOTOGENIC.COM, AND ANY SOFTWARE MADE AVAILABLE ON PHOTOGENIC.COM, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Damages
IN NO EVENT SHALL PHOTOGENIC OR ANY OF ITS SUBSIDIARIES BE LIABLE TO YOU OR ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DAMAGES TO YOUR INFORMATION HANDLING SYSTEM(S)) THAT ARE RELATED TO THE USE OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF PHOTOGENIC.COM OR ANY LINKED WEB SITE, EVEN IF PHOTOGENIC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Photogenic.com is controlled, operated and administered by Photogenic from its offices located in the United States of America. Photogenic makes no representation that materials at Photogenic.com are acceptable or available for use at other locations outside of the United States, and you acknowledge and agree that your use or access of Photogenic.com from locations where its contents are illegal is prohibited. You may not use Photogenic.com or the Materials in violation of U.S. export laws and regulations. If you access Photogenic.com from locations outside of the United States, you acknowledge and agree that you do so at your own risk and that it is your responsibility to comply with any and all foreign laws and regulations which exist outside of the United States.
Choice of Law & Venue
This Agreement constitutes the entire agreement between Photogenic and you with your use of Photogenic.com. If a court of competent jurisdiction finds any provision of the Agreement or any part thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of the Agreement shall continue in full force and effect.
These terms and conditions of sale and any sale hereunder will be governed by the laws of the State of Illinois, without regard to conflicts of laws rules. Any arbitration, enforcement of an arbitration or litigation will be brought in Cook County, Illinois and customer consents to the jurisdiction of the Federal and State courts located in Cook County, Illinois and submits to the jurisdiction thereof and waives the right to change venue. Customer further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
Photogenic reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement in whole or in part, at any time. Changes in this Agreement are effective when notice of such change is posted. You agree and acknowledge that your continued use of Photogenic.com following the posting of any changes to this Agreement constitutes acceptance of those changes.
Photogenic may terminate, change, suspend or discontinue any aspect of Photogenic.com and the availability of any features of Photogenic.com, at anytime. Photogenic may also impose restrictions on use of certain features and services or restrict your access to parts or all of Photogenic.com without incurring any liability to you. Photogenic may terminate the authorization, rights and license given above and upon such termination, you shall immediately destroy all Materials and copies of Photogenic.com.