END USER INTRODUCTION
Welcome to Cricket’s Photography Inc.
This Agreement governs your use of Cricket’s Photography “Services”, as further defined below. By using the Services, you acknowledge that you have read and agree to abide by the terms and conditions of this Agreement. If you decide not to agree to the terms and conditions discussed herein, you may not use the Services.
These Terms and Conditions apply to any use by you of Cricket’s Photography services, including without limitation all content, communications, features, products, and services available from Cricket’s Photography and used by you via www.cricketsphoto.com; or through http://www.shootq.com or http://www.shootqueue.com; (collectively, the “Services”).
Throughout this Agreement, the words “Cricket’s Photography”, “we”, “us” or “our” mean, collectively, Cricket’s Photography Inc, a Florida based Company and all of its respective successors or assigns. “You” or “your ” mean you, the individual End User who is using Cricket’s Photography Services to receive photography services.
SECURITY; CONFIDENTIALITY OF ACCESS INFORMATION
Use of the Services requires a computer and Internet access connected through an Internet Service Provider with a web browser (for example, Apple Safari or Microsoft Internet Explorer).
You agree to keep your security code and any other security or access information (collectively, “Access Information”) confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. We recommend that you memorize your Access Information and do not write it down. You agree not to give or make available your Access Information to any unauthorized individual.
If you believe the security of your Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Services in without your consent or your accounts have been accessed without your permission), you must notify us immediately (firstname.lastname@example.org AND (407) 484-2931. (See YOUR RESPONSIBILITIES AND LIABILITIES below.)’
We reserve the right to deny access to the Services or any part thereof, in order to maintain or restore security or performance to the Services or any other Services and systems. We may also do so if we reasonably believe you are in breach of this Agreement or your Access Information has been or may be obtained or is being used or may be used by an unauthorized person(s).
CHANGES TO THIS AGREEMENT
We may change the terms of this Agreement in our sole discretion by posting a new version to the Services. You may choose to accept or decline changes by closing, continuing or discontinuing use of the Services to which the changes in this Agreement relate. Your use of the Services after we make any changes will constitute your agreement to such changes.
YOUR RESPONSIBILITIES AND LIABILITIES
It is your sole responsibility to ensure that the contact information and user profile through Cricket’s Photography and ShootQ, is current and accurate. This contact information includes, but is not limited to, name, address, phone numbers, e-mail addresses and account numbers. Changes can be made in the “client area” of the ShootQ website.
TERMINATION AND MODIFICATION
We reserve the right to modify the Services in any way and/or terminate this Agreement and your access to the Services, in whole or in part, at any time and for any reason.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
YOU AGREE TO HOLD CRICKET’S PHOTOGRAPHY HARMLESS FOR ANY DAMAGES YOU MAY INCUR BY USING WWW.CRICKETSPHOTO.COM AND SHOOTQ. NONE OF THE ENTITIES COMPRISING CRICKET’S PHOTOGRAPHY OR ITS VENDORS AND SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES IS LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND; OR (II) COST OF REPLACEMENT GOODS OR SERVICES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES, OR THE INABILITY TO ACCESS OR USE THE SERVICES, WHETHER CAUSED BY SHOOTQ OR THIRD PARTIES, ONLINE SERVICE PROVIDERS, ANY AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING. IN NO EVENT SHALL CRICKET’S PHOTOGRAPHY’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR SERVICES RENDERED.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND.
You may not assign this Agreement or your rights to the Services to any other party.
We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder, under our sole discretion and without your consent. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. If any provision of this Agreement is void or unenforceable, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction. This agreement shall be governed by the laws of the state of Georgia. The parties hereby consent to the exclusive jurisdiction of the State and Federal Courts located in Orange County, Florida.