While we value your agreement, we reserve the right, at our sole discretion, to refuse service to anyone. Additionally, we retain the rights to modify and edit the content on the Site and to terminate your access to and use of the Site.
Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks owned by EMFAP or its affiliates or licensors. Without our prior written permission, you must not use these marks.
You acknowledge that the Site may contain photographs, text, graphics, images, videos, and other digital or online media (collectively referred to as "Site Content"). The Site also includes the selection, layout, coordination, structure, expression, sequencing, user interfaces, "look and feel," and arrangement of the Site Content (collectively referred to as "Site Design"). All Site Content and Site Design are the exclusive property of EMFAP or its licensors. You are not permitted to transfer, rent, lease, time-share, loan, assign, copy, or disclose any Site Content to anyone without our express written consent, unless otherwise provided herein. Modifying or creating derivative works based on any Site Content or Site Design is also prohibited.
Except as expressly authorized in writing by us and our licensors (if applicable), you agree not to engage in the following activities:
Selling, rewriting, modifying, copying, republishing, redistributing, or creating derivative works from the Site Content, whether in whole or in part.
Collecting Site Content or other information, including using any automated means such as harvesting bots, robots, spiders, or scrapers.
Participating in unlawful multi-level marketing, such as a pyramid scheme, on the Site.
Uploading viruses or other malicious code.
Soliciting login information or accessing an account belonging to someone else.
Framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) from the Site, or any materials belonging to us or our affiliates.
Using any meta tags or "hidden text" utilizing our name or trademarks.
Reverse engineering, modifying, decompiling, or disassembling any aspect of the Site, including any technology used in connection with it.
Tampering with the operation, functionality, or security of the Site.
Attempting to override or circumvent any security or usage rules embedded into the Site that protect digital materials.
Violating or attempting to violate any security features of the Site.
Emulating or faking usage of the Site.
Attempting to probe, scan, or test the vulnerability of the Site or any associated system.
Any goodwill generated from the use of any EMFAP trademark belongs solely to us.
If you provide any user review, comment, or other feedback about the Site or the services or goods provided or available through the Site ("User Feedback"), we will own that User Feedback, along with any actions we take in response to it, without any obligation to compensate you. By providing User Feedback, you agree to release and hold harmless EMFAP, its members, managers, employees, agents, parents, subsidiaries, affiliates, assigns, and successors in interest from any claims and liability for damages, losses, or expenses arising from the making of such User Feedback or EMFAP's use of it. EMFAP, as the sole owner of all User Feedback, may use it for any reason, including promoting EMFAP, the Site, any photographs, artwork, or other intellectual property of EMFAP or its affiliates, or in any other manner.
Consent to Receive Communications
By accessing and using the Site, you acknowledge and agree that Erika Masterson's Fine Art Photography (EMFAP) may send you written and electronic communications related to the Site, your usage of the Site, and any products or services obtained through the Site. You explicitly consent to receiving all notices from us via email, including any correspondence that we are legally obligated to provide to you.
Privacy and Personal Information
Links to Third Party Sites
Erika Masterson's Fine Art Photography (EMFAP) provides links to other websites that are not controlled or maintained by EMFAP. While EMFAP does not make any representations about these websites, we want to clarify that we do not endorse or take responsibility for the content or use of any external website you may access through our Site. It is your responsibility to exercise caution and ensure that any website you visit is free from viruses, worms, or other harmful elements.
EMFAP cannot be held liable for any damages or losses incurred as a result of (i) your reliance on content, goods, products, or services available on or through any third-party website or application, or (ii) any malicious software, computer code, virus, malware, spyware, or similar harmful digital material transmitted through third-party websites or applications. By accessing these external websites, you release EMFAP from any claims or liabilities associated with such use.
Certain aspects of the Site Content may be provided through software or technology offered by third-party service providers. These third parties may have their own terms and conditions that apply to their software or technology. EMFAP is not responsible for any issues you may encounter in accessing the Site Content due to incompatibilities between such third-party software or technology and your computer or devices, or for any other reasons related to third-party software or technology.
Notice for California Users
Attention California Users: If you are a resident of California, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs for assistance. You can reach them by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER Erika Masterson's Fine Art Photography ("EMFAP") NOR ANY OF OUR MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE, OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, EVEN IF EMFAP OR ITS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE DAMAGES ARISE OUT OF OR RELATE IN ANY WAY TO OUR PROVISION OF PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT EMFAP AND ITS PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, EMFAP AND ITS PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF EMFAP AND ITS PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFOR BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.