TERMS & CONDITIONS
Terms of sale – you agree by ticking a check box when you place an order through this website; and
We may change any of these terms from time to time by updating this web page.
If you have any questions about our legal terms, please contact us.
License. We grant you a limited license to use this website.
Sharing. Sharing content from MarkRogerBailey.Photography is permissible when you: 1) state clearly that the content came from this site, 2) limit copy excerpts to 75 words, and 3) link back to the original post on MarkRogerBailey.Photography.
Breach. We may cancel your license if you violate any of these terms. Any copyright infringement or theft of MarkRogerBailey.Photography content is subject to DMCA takedown notice and/or legal action.
Framing. You may not embed or frame this website.
Capacity. You agree to the terms on the basis that you have the capacity to visit this website.
Accurate information. You promise that you will give this website only accurate information.
Ownership. We or our third-party licensors own all rights in this website.
Trade marks. All our trade marks, logos, service marks, Internet domain names or other indications of origin now or in the future used by MRB are proprietary. You may not use them without our permission. All other trademarks are their respective owners’ property.
Restrictions. You may not change or copy this website without our permission.
Own risk. You use this website at your own risk and we make no warranties about it.
Indemnity. You indemnify us against any liability related to your use of this website.
Direct damages limited. Our maximum liability to you for all claims for direct damages related to this website is $100US.
Indirect damages. We are not responsible for any indirect damages.
TERMS OF SALE
Introduction. These terms cover any transactions where we provide goods to you through this website.
The parties. We are the vendor under these terms. You are the client and/or customer under these terms.
Duration. These terms commence when you accept them and continue until terminated.
Orders. You place orders with us on the following basis:
you promise that you have the legal capacity to enter into the transaction;
we conclude an agreement when we ship goods to you;
we may cancel any order; if we do we will refund any money you have paid;
we conclude an agreement when and where we deliver a good to your requested address; and
each order is a separate agreement, but you breach all of them if you breach one.
Goods. We sell goods to you on the following basis:
you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
we will do our best to deliver the goods as soon as possible after you have placed an order, but we are not liable, and you may not cancel an order if we do not do so immediately;
risks related to the goods pass to you on delivery;
ownership in the goods passes to you on payment of the fees in full; and
you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
Your data. You own all your data. When you enter your data into the system, you give us a license to use it to provide the goods. We are not responsible for any of your data stored on our system.
Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid to us for them.
Indirect damages excluded. We are not liable for any other losses that they may cause you.
Breach. Please don’t breach your obligations under this agreement. If you do, we have certain rights against you under the law.
Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to, we will give you as much notice as possible in writing.
Resolving disputes. We want to avoid disputes about this agreement and resolve them quickly. If there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each other’s email addresses and choose their respective street addresses as their service addresses for all legal documents, but they may change either address on 14 calendar days written notice to the other.
Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond their control. The other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
Entire agreement. The agreement is the entire agreement between the parties on the subject.
Changes. If we change this agreement by updating this web page, any changes will only apply to future orders.
Governing law. United States law governs this agreement.
Jurisdiction. You consent to the jurisdiction of the laws of California, U.S.A., excluding California’s conflict of laws rules.