Terms of Use:

Welcome to the website for Gina Staffiery Photography. Following are the terms and conditions that govern your use of this site.

THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND GINA STAFFIERY PHOTOGRAPHY ("GINA STAFFIERY PHOTOGRAPHY" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.

Ownership of This Website
This website is owned and operated by Gina Staffiery Photography. 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 Gina Staffiery Photography, its licensors and its content providers.

All elements of Gina Staffiery Photography websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Gina Staffiery Photography or one of its subsidiaries or content providers, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Gina Staffiery Photography or its third party content providers unless otherwise expressly agreed. Content (including photographic images) purchased or otherwise acquired by you via the Site may only be used by you for personal, non-commercial purposes (i.e., not for re-sale or re-distribution) and may not be duplicated or otherwise reproduced or altered by you. You shall indemnify Gina Staffiery Photography, its subsidiaries, its affiliates, third party content providers 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.

Trademarks
"Gina Staffiery Photography," and the Gina Staffiery Photography logo are the property of Gina Staffiery Photography. All other trademarks, logos and service marks (collectively, the "Trademarks") appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited.

Images of people or places displayed on the Site are either the property of, or used with permission by, Gina Staffiery Photography, or other third parties. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Disclaimers
THIS WEBSITE AND ITS CONTENT AND ITEMS SOLD ON THIS WEBSITE ARE PROVIDED "AS IS" AND GINA STAFFIERY 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. GINA STAFFIERY PHOTOGRAPHY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT GINA STAFFIERY 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 of Use or elsewhere on this website, or as otherwise required by applicable law, neither Gina Staffiery Photography nor its 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.

Gina Staffiery 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 Gina Staffiery Photography website; however, these other websites are not controlled by Gina Staffiery 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 Gina Staffiery 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.

Unauthorized Use
Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize any of our images without our permission or other than for the usage indicated on our invoice, or prior to paying that invoice in full, we agree that we may forego our right to sue you for copyright infringement and you agree in such case, to pay as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such authorized use within two weeks of receipt of invoice. If you fail to make payment within that time period, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will seek all damages and remedies available including attorney's fees and all associated costs. You will provide three copies at no cost to Licensor of the printed or digital piece and identify the URL for all Web published work.

Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the State of California, 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 State of California in Santa Clara County.

No Waiver, Severability
No action of Gina Staffiery Photography, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms of Use. Should any clause of these Terms of Use 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 of Use prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Gina Staffiery Photography and you relating to your use of this website.

Intellectual Property
All images on this site are Copyright and Intellectual Property of Gina Staffiery Photography.

Any images, photography, artwork or any other intellectual material contained within this web site may not be reproduced anywhere, for any reason, or any purpose, in print of any form or on the internet in any form without written permission from Gina Staffiery Photography.

The photography, graphics, logos and icons and arrangement of all content on this site is the exclusive property of Gina Staffiery Photography and is not in the public domain.

Gina Staffiery Photography grants you a limited license to access and make personal use of this site but you are not permitted to copy any of the aforementioned content from this web site to another computer, computer network, transmit, publish, reproduce, alter, or use them in any way without first obtaining written permission from Gina Staffiery Photography.

Licensing Requests
I am happy to make available the photography on this web site for licensed use. To quote a licensing fee I need to know specific details of your intended use of our photograph or photographs. Please contact me and specify your intended purpose for the photograph or photographs, including the following: advertising or editorial feature, proposed medium (brochure, postcard, calendar, book, magazine, poster, web site, CDROM, and so on), how many copies of the product will be produced, rights that you wish to use (regional, domestic or worldwide, and if you want non-exclusive or exclusive rights to the photograph or photographs, and time period for which you wish to retain the rights, (six months, three years, one time, and so on).

Disclaimer and Limitation of Liability
Use of this site is at your sole risk. Gina Staffiery Photography does not warrant that this site will be uninterrupted or error free, nor do I make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, reliability, or currency of any information content, service, or product provided through this site.

While we will do our best to ensure all data is kept up to date and accurate, Gina Staffiery Photography assumes no responsibility for errors or omissions noted on this web site. Please verify all information via email.

Gina Staffiery Photography will not be liable for any damages, losses (including, without limitation loss of profits, business or data), costs or expenses of any kind, which arise out of, or result from, any use of, or inability to use, this web site or any other web site which is linked to this web site.

We can not and do not accept any responsibility for the content in any links to external or third party web sites. Any web site referred to on this site is checked for suitability. You visit those sites entirely at your own risk.

Gina Staffiery Photography inclusion of hyperlinks to third-party web sites does not imply any endorsement of the material on those web sites or any association with their operators.

Gina Staffiery Photography reserves the right to make changes to this site and to these Terms of Use at any time. Any modifications will become effective when they are published to this site.

Hypertext Linking
You must not create a link to any individual photograph or photographs on this site without the prior written consent of Gina Staffiery Photography. You may, however, link to any of our pages via the full URL (e.g. http://www.imagesbyg.com)

If you do create a link to any page of this web site, you acknowledge that you are solely responsible for the consequences of that link and you indemnify and will keep us indemnified against all damages, costs, losses (including without limitation, loss of profits) and expenses of any kind, whether direct or indirect, or arising from, or in connection with the link.

Suitability of content
Gina Staffiery Photography is intended to be a safe site for all to view. This site does not display photographs or other Media portraying explicit nudity or offence that would be unacceptable, for example in a Public Gallery, or could not be viewed in a normal everyday environment.