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Bill Miller, d.b.a - Liquid Lenz
TERMS OF USE AGREEMENT
Bill Miller, d.b.a Liquid Lenz, is a North Carolina Sole-Proprietorship, with a website at www.liquidlenz.com (hereafter "the Site"). The purpose of Liquid Lenz and Liquidlenz.com is to provide education, information, and marine macro-photography to businesses and the general public. Access to, and use of, the Site is subject to the following understanding (hereafter "Terms and Conditions") and all applicable State and National laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and other notices and acknowledge full and complete acceptance of these terms.
TERMS AND CONDITIONS
Access to and use of Bill Miller's/Liquid Lenz's images are subject to the following Terms and Conditions:
1. All graphics on this site are protected by copyright and may be subject to other restrictions as well. Liquid Lenz retains all rights, including copyright, in all graphics (hereafter "Images"). Users may download Images subject to the preceding and following Terms and Conditions, and subject to any additional terms or restrictions applicable to the individual file, provided all copyright and other proprietary notices contained on the Images are retained.
2. All Images are made available for use without permission only for limited non-commercial educational use, or for fair use as defined in the United States copyright laws. Users must cite the artist and source for the Images as they would material from any printed or other work, and the citation should include the URL www.liquidlenz.com in addition to all copyright and other proprietary notices contained on the Images. Use of these Images by you is prohibited unless specifically permitted by these Terms and Conditions.
3. Liquid Lenz expressly prohibits the use, copying, display, publication, distribution, transmission, modification, reposting or exploitation for commercial or public purposes of any protected Images on the Site, and permits only the purposes described above or the purchase and licensing of said Images.
4. Use of, and browsing in, the Site are at your own risk. Neither Liquid Lenz nor any other party involved in creating, producing, delivering or maintaining the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, all Images on the Site are provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. Liquid Lenz assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing in, or downloading of any Materials from the Site.
5. Except where specifically indicated otherwise, any data you transmit to Bill Miller, Liquid Lenz, or liquidlenz.com by electronic mail or other means, including any questions, answers, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Liquid Lenz and\or its affiliates or licensees for any purpose, including, but not limited to: reproduction, disclosure, transmission, publication, broadcast, posting and the like. Liquid Lenz is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information.
PERMISSIONS
Any party wishing to use any of the Images from the Site, for any purpose other than the limited purposes identified above, must request and receive prior written approval from Bill Miller. Permission for such use is granted on a case-by-case basis at the sole discretion of Bill Miller. For inquiries, please contact:
W i l l i a m A. M i l l e r
Sole Proprietor/Photographer
L i q u i d L e n z
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A usage fee may be charged depending on the nature and type of the proposed use. Liquid Lenz reserves the right not to grant permission to use its Images.
TRADEMARKS
The trademarks, online logomarks, and service marks (Hereafter "Service Marks") displayed on the Site are registered and/or unregistered Service Marks of Liquid Lenz. The Service Marks of third parties may also be displayed on the Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Service Marks displayed on the Site without written permission of Liquid Lenz or any third party owner of the Service Marks displayed on the Site. Your misuse of the Service Marks, including alteration or use out of context, is strictly prohibited.
LINKS
The Site may contain links to third party sites. Bill Miller/Liquid Lenz has not reviewed all the content and policies of the various external sites linked to the Site and is not responsible for any content of any linked site. Your linking to any off-site pages or to other sites is at your own risk. Liquid Lenz provides these links as a convenience only, and a link does not imply endorsement, sponsorship, or any affiliation with the linked site.
DIGITAL MILLENNIUM COPYRIGHT ACT
For purposes of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. Sec. 512(c)(2), Liquid Lenz has designated an agent for notification of claimed infringement as follows: William Miller, Liquid Lenz, 20 Fox Hollow Court, Arden, NC 28704, (828) 687-2514,
willalmill@charter.net . Liquid Lenz provides this contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to the purposes of DMCA compliance.
Applicable Law and Jurisdiction
The Site (excluding links to Web Sites operated by others) is controlled and operated by Liquid Lenz from its offices in and around Asheville, North Carolina. Although ILiquid Lenz has made no effort to publish the Site elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the Worldwide Web. As each of these states and countries have laws which may differ from those of North Craolina and from each other, and as you and Liquid Lenz both benefit from establishing a predictable legal environment in which to publish, access, and use the Site. By publishing, accessing, and/or using the Site you agree that all matters arising from or relating to the use and operation of the Site will be governed by the laws of the State of North Carolina, without regard to conflict of legal principles. You agree that all claims you may have arising from or relating to the operation or use of the Site will be heard and resolved in the courts of Asheville, North Carolina. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Asheville, North Craolina, you will be responsible for compliance with all local laws of such other locations.
Indemnity
You agree to indemnify, defend, and hold Bill Miller, Liquid Lenz, liquidlenz.com, and its agents harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses and damages arising from or relating to your use of or operation of the Site.
Waiver
Any waiver of any provision of this
Agreement must be in writing and signed by an authorized representative of Liquid Lenz.
Liquid Lenz may at any time
revise these Terms and Conditions and other notices contained herein by updating this posting.
You are bound by such revisions and should periodically visit this page to review the
current Terms and Conditions.
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