Thank you for visiting WPagan Photo. WPagan Photo' website has been made available to you subject to your compliance with the terms and conditions set forth below (the "Conditions of Use"). Please read this document carefully before accessing or using the OnePoint Production website. By accessing or using this website, you are agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you may not access or use the website.
Modification of these Conditions of Use
WPagan Photo reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the WPagan Photo' website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement
When you visit WPagan Photo or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Copyright and Licenses
The entire contents of this website, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of WPagan Photo or its content suppliers and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of WPagan Photo.
You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately at email@example.com to notify us of this infringement.
Your submissions of files including, but not limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant WPagan Photo a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and WPagan Photo. You also grant WPagan Photo the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
License and Website Access
WPagan Photo grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of WPagan Photo. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of WPagan Photo. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of WPagan Photo without the express written consent of WPagan Photo. You may not use META tags or any other "hidden text" which utilize oppstudios.com, WPagan Photo or any other derivative of our domain, company name or registered trademarks without the express written consent of WPagan Photo. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home Page or any Dynamic Deep Link (DDL) of WPagan Photo so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.
It is further understood and agreed that WPagan Photo cannot and does not guarantee or warrant that files made available for downloading through the OnePoint Production website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through WPagan Photo are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WPagan Photo, ON AN "AS IS" AND "AS AVAILABLE" BASIS. WPagan Photo, MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WPagan Photo, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WPagan Photo DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM WPagan Photo ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WPagan Photo 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.
WPagan Photo USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. WPagan Photo ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, WPagan Photo SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY WPagan Photo IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO WPagan Photo FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Payments or Purchase
I authorize WPagan Photo to charge my credit/debit card for the one-time payment noted on my invoice in the amount indicated during check out or for the amount of credit selected. If purchasing credits, I understand that my invoiced amount due will be subtracted from credits purchased and that the remaining credit balance can be used for future projects. I also understand that credits expired within one-year of its purchase date and is non-refundable. In the event WPagan Photo is unable to secure funds from my credit/debit card for this transaction for any reason, including but not limited to, insufficient funds in my credit/debit card account or insufficient or inaccurate information provided by me when I submit my electronic payment, further collection action may be undertaken by WPagan Photo including application of fees to the extent permitted by law. I understand that the contract is not final until payment is received.
Third Party Links
Linked websites are not under the control of WPagan Photo and is not responsible for the contents of any linked site or any link contained in a linked site. WPagan Photo provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by WPagan Photo of the site.
By visiting the WPagan Photo website, you agree that the laws of the state of Florida, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and WPagan Photo.
Any dispute relating in any way to your visit or access of the WPagan Photo website or to the products or services you purchase through the WPagan Photo website shall be submitted to binding arbitration in Miami-Dade County, Florida , except that, to the extent you have in any manner violated or threatened to violate WPagan Photo' intellectual property rights, WPagan Photo may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
You agree to indemnify, defend and hold harmless WPagan Photo, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the WPagan Photo' website.
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
WPagan Photo, failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. WPagan Photo may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
Request and Address
Please send notices by care of e-mail to: firstname.lastname@example.org
Copyright ©2011, WPagan Photo. All Rights Reserved. "WPagan Photo" and any marks and logos are Federal Registered Trademarks of WPagan Photo. All other trademarks listed are the property of their respective owners.
Revision: July 2011