Copyright
Please review copyright terms
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.
To View
photos on this site you must AGREE WITH COPYRIGHT TERMS.
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For information regarding commercial or personal use,
please contact our studio.
DISCLAIMERS
THIS WEBSITE AND
ITS CONTENT ARE PROVIDED "AS IS" AND BERRY'S 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.
Berry's Photography
reserves the right to use photos and reproductions for
purposes of display, exhibitions, contests, and other
purposes. All previews and all digital files maintained
by the studio remain the property of Berry's Photography.
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
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for licensing information contacts.
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