Copyright

All of Kendall Berry's also called Berry's Photography images are copyright protected. Image use is subject to the issuance and payment of an image use licensing agreement. All rights reserved. No form of reproduction, including copying or saving of digital image files, or the alteration or manipulation of said image files, is authorized unless accompanied by a written sales agreement issued by Kendall Berry or Berry's Photography or its agents. Unlike royalty-free imagery, traditional stock photography licenses only grant image use for a specific use as defined in the license.
For information regarding commercial or personal use, please contact our studio.

DISCLAIMERS

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND KENDALL BERRY PHOTOGRAPHY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT KENDALL BERRY PHOTOGRAPHY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

Except as specifically stated in these Terms and Conditions of Use, or elsewhere on this website, or as otherwise required by applicable law, neither Kendall Berry, Berry's Photography or Easy Serve, Inc. nor its owners, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

Berry's Photography uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

There may be links to other websites from the Berry's Photography website; however, these other websites are not controlled by Kendall Berry or Berry's Photography and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Kendall Berry Photography regarding the inclusion of links to outside websites or your use of those websites.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

GOVERNING LAW AND VENUE This Agreement shall be interpreted, construed and governed by the laws of the State of Arkansas, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Arkansas in Mississippi County (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Kendall Berry, Berry's Photography shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Berry's Photography, such action is necessary or desirable.

No action of Kendall Berry , Berry's Photography, or Easy Serve, Inc. other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change these Terms and Conditions of Use, the Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Berry's Photography and you relating to your use of this website.

TERMS AND CONDITIONS OF USE
(Your Agreement with BERRY'S PHOTOGRAPHY and Easy Serve, Inc.)

Following are the terms and conditions that govern your use of this site.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BERRY'S PHOTOGRAPHY. (Kendall Berry, Easy Serve, Inc., OR OUR AGENTS). PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY USING THIS WEBSITE YOU STIPULATE YOUR AGREEMENT TO THE TERMS AND CONDITIONS OUTLINED BELOW. IF YOU DO NOT AGREE, PLEASE DISCONTINUE USING THE SITE.

OWNERSHIP OF THIS WEBSITE This website is owned and operated by Kendall Berry, Berry's Photography and EASY SERVE, INC. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (Content), is owned by Kendall Berry, Berry's Photography and Easy Serve, Inc., its licensors and its content providers.

All elements of Berry's Photography's website, including, but not limited to, the general design and the Content, are protected by US and international copyright law, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Kendall Berry, Berry's Photography, Easy Serve, Inc., no portion or element of this website or its Content may be copied, distributed, redistributed or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Kendall Berry, Berry's Photography, Easy Serve, Inc. or its licensors unless otherwise expressly agreed. You shall indemnify Kendall Berry, Berry's Photography, Easy Serve, Inc., its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights. If you have any questions or concerns relating to image licensing, please call (870) 780-6767 or e-mail License@berrysphoto.com.

Copyright © 2003 Berry's Photography
All rights reserved
Click [here] for licensing information contacts.