Legal notices – Helmuth Enterprises,
Inc. d/b/a Helmuth Photography
Welcome to Helmuth Photography’s website (the “website”).
The following terms and conditions will govern your use of this website. By accessing,
using or downloading any materials from this website, you agree to follow and
be bound by the following terms and conditions (the “terms”). If you do not
agree to these terms, please do not use this website.
General use
All materials provided on this website, including, but not
limited to, any and all information, documents, products, logos, graphics,
sounds, images, software, and services thereon (“materials”), are provided by
Helmuth Photography. Helmuth Photography
retains all rights, titles and interests in and to this website and the
materials thereon, including those rights, as applicable, in United States
copyright, patent, trademark and other applicable laws and international treaty
provisions. Any unauthorized use of
this website, and/or any materials thereon, may violate Helmuth Photography’s rights in copyright law, trademark law, the
laws of privacy and publicity, and/or violate applicable communications
regulations and statutes, in addition to the terms set forth herein and/or
other contractual obligations you may have to Helmuth Photography. You represent and warrant that you shall
only use this website and the materials thereon, as expressly permitted and/or
authorized by Helmuth Photography. Except
where expressly provided otherwise by Helmuth Photography., nothing on this
website shall be construed to confer any license or intellectual property
rights in or to this website, or any materials thereon, whether by estoppel,
implication, or otherwise.
Restrictions on use
Except as expressly permitted by Helmuth Photography.,
you shall not use, copy, reproduce, distribute, republish, download, display,
post, or transmit in any form or by any means, including but not limited to
electronic, mechanical, photocopying, or recording, this website, or any
materials thereon;(ii) alter or permit a third party to alter any part of this
website, or any materials thereon; (iii) resell access or use of this website,
or any materials thereon, or any part or component of the foregoing, (iv)
process or permit to be processed, through the use of any part of this website,
or any materials thereon, the data of any third party; (v) use this website, or
any materials thereon, or any part or component of the foregoing, in the
operation of a service bureau; (vi) disassemble, decompile, reverse engineer or
otherwise attempt to derive source code from this website, or any materials
thereon; (vii) transmit to this website, or any materials thereon, any computer
virus, harmful component, or corrupted data or take any other action that
adversely affects the performance or availability of this website, or any
materials thereon; (viii) send unsolicited advertising or promotional materials
(including, without limitation, “spam” or bulk e-mail and/or “chain”-type
letters) to this website or facilitate or promote activities thereon that
constitute gambling; (ix) attempt to circumvent the user authentication or
security of this website or any host, network, or account related thereto,
including, but not limited to, accessing, or attempting to access, data not
intended for you or logging into, or attempting to log into, a server or
account for which you are not expressly authorized; (x) mirror either this
website, or any materials thereon, or any part or component of the foregoing,
on any other server; or (xi) make any use of this website, or any materials
thereon, that violates any applicable local, state, national, international or
foreign law.
Copyright
is a property right. Under the Federal Copyright Act of 1976 (effective January
1, 1978 and amended when the USA joined the Berne Convention in 1989),
photographs are protected by copyright from the moment of creation.
Except where
expressly provided otherwise by Helmuth Photography., use of this website,
including use of the materials thereon, and the internet generally, is at your
own risk and this website, including the materials thereon, are provided “as
is” and “as available” without any warranties or conditions whatsoever, express
or implied; Helmuth Photography. will use commercially reasonable efforts to
make access to this website, and the materials thereon, available to you
through the required access protocols, but makes no warranty or guarantee that
you will be able to access this website, or the materials thereon, at any
particular time or at any particular location; Helmuth Photography hereby
disclaims all express and implied warranties as to the accuracy, completeness,
noninfringement, merchantability or fitness for a particular purpose of this
website, generally, and any materials thereon, particularly, as well as all
express and implied warranties that the operation of this website, generally,
and any materials thereon, particularly, will be uninterrupted or error-free;
Except where
expressly provided otherwise by Helmuth Photography., to the greatest extent
permitted by applicable law, in no event shall Helmuth Photography be liable to
you or anyone else for any inaccuracy, error or omission in, or loss, injury or
damage caused in whole or in part by failures, delays or interruptions in this
website generally, and any materials thereon, particularly; Helmuth Photography
shall in no event be liable to you or anyone else for any consequential,
direct, indirect, incidental, special or exemplary damages (including but not
limited to loss of business, revenue, profits, use, data or other economic
advantage), however it arises, whether in an action of contract, negligence or other
tortuous action, arising out of, resulting from, or relating in any manner to
the use or inability to use this website generally, and any materials thereon,
particularly, even if Helmuth Photography have been previously advised of the
possibility of same; you have sole responsibility for the adequate protection
and backup of data and/or equipment used in connection with this website, and
the materials thereon, and you will not make a claim against Helmuth Photography
for lost data, re-run time, inaccurate output, work delays, or lost profits
resulting from the use of this website, and/or the materials thereon.
Helmuth Photography
may make improvements and/or changes to this website or the materials thereon,
including, but not limited to, changes to the products, services, and programs
described therein, at any time without notice.
Any action related to these terms will be governed by and construed in
accordance with the laws of the state of Georgia, U.S.A., excluding its conflicts
of law principles. These terms represent the entire understanding relating to
the use of this website and the materials thereon; provided, however, that
nothing contained herein shall supercede any other agreement entered into
between you and Helmuth Photography pertaining to this website and/or the
materials thereon. Helmuth Photography
reserves the right to revise these terms at any time without notice by updating
this legal notices posting.
Contact information
If you have any questions about these terms, or if you would like to
request permission to use any materials contained on this website, please
contact Helmuth Photography at 770-978-9651.