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TERMS OF
USE
This site is owned and
operated by San Diego Photos and Prints. Your use of this website and any
materials available herein identifies that you agree to the following terms of
use (hereinafter referred to “Terms of Use”). If you do not agree to these
terms then you should leave this website immediately (hereinafter referred to as
“Site”, not use any of the materials available herein, and/or not subscribe to
this service.
COPYRIGHTED MATERIALS.
- "Materials” on
California Picture shall constitute and be defined as any files, images, animations,
photographs, or text available on California Picture.
- All Materials downloaded
from California Picture is licensed to you by San Diego Photos and Prints.
Downloading these Materials does not transfer any title from these Materials to
you, or any intellectual property rights therein to you.
- You may under no
circumstances redistribute or sell this content at any time, and it is illegal
to duplicate, download, or distribute any Materials from California Picture except
for your use, which is subject to the Usage Guidelines.
- The design and layout, as
well as all Materials provided on the Site, or of any other website owned,
operated, licensed, or controlled by or associated with San Diego Photos and
Prints, is protected by the United States and International law and other
intellectual property proprietary rights and may not be copied or imitate in
whole or in part.
LIMITATION OF
WARRANTY.
EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT, IF ANY, THAT
IS ATTACHED TO THE SITE, California Picture MAKES NO REPRESENTATION OR WARRANTY WITH
RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED
UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN
IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS,
RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE
BY California Picture WITH RESPECT TO THE SITE, CONTENT AND
MATERIALS. California Picture DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS
CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS,
DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT California Picture WILL
CORRECT ANY ERRORS, OMISSIONS OR DEFECTS.
YOU ASSUME THE COST OF
SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT.
IN NO EVENT WILL California Picture OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF California Picture HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF
California Picture OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS
SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
These Terms of Use contain
the entire understanding of the parties hereto relating to any use of this Site
and supersedes any prior written or oral agreement or understandings between the
parties with respect to this Site, and cannot be changed or terminated orally.
The invalidity or unenforceability of any provision of these Terms of Use will
not affect the validity or enforceability of any other provision of these Terms
of Use. San Diego Photos and Prints reserves the right to modify or terminate
these Terms of Use without notice, if, in San Diego Photos and Prints sole
discretion, you fail to comply with any term of these Terms of Use. Upon
termination, you must destroy all materials obtained from this Site, copies and
related documentation thereof. In addition, San Diego Photos and Prints reserves
the right to terminate this Site without notice.
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