All Site Contents © 2006 Keith L. Hackett Photography
All Rights Reserved

TERMS AND CONDITIONS OF USE
Welcome to Keith Hackett Photography's terms and conditions of use. These terms and conditions of use apply to and govern your use of the Keith Hackett Photography Web site (the "Site"). Your use of the Site signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site. Keith Hackett Photography's then-current privacy policy which addresses Keith Hackett Photography's use and release of information collected from your use of the Site is available at this URL.


License to Use the Site
Keith Hackett Photography grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use.


Changes to Terms and Conditions
Keith Hackett Photography reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.


Ownership; Restrictions
Keith Hackett Photography owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Keith Hackett Photography is the owner of the copyright in the entire Site. Keith Hackett Photography owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.

You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of Keith Hackett Photography.

Change to Site or Content
Keith Hackett Photography shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to Content, features, or hours of availability. Keith Hackett Photography may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.


Monitoring, Editing and Disclosure of User Material
You agree that Keith Hackett Photography has the right, but not the obligation, to monitor all material on the Site at any time for any reason in its sole discretion to determine compliance with these terms and conditions of use and any other operating rules that Keith Hackett Photography may establish from time to time. Notwithstanding this right of Keith Hackett Photography, Keith Hackett Photography does not and cannot review all materials posted to the Site by users, and Keith Hackett Photography is not responsible for any such materials posted by users. Keith Hackett Photography reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in Keith Hackett Photography's sole discretion, such materials are objectionable or in violation of these terms and conditions of use.


Indemnification
You shall indemnify, defend and hold harmless Keith Hackett Photography, and all its officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. Keith Hackett Photography reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Keith Hackett Photography.


Links to Other Web Site
The Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from any site to other third party sites, maintained by third parties, do not constitute an endorsement by Keith Hackett Photography or any of its subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Keith Hackett Photography or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, tradename, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, tradename, logo or copyright symbol of Keith Hackett Photography or any of its affiliates. You should direct any concerns regarding any external link to its site administrator or webmaster. Keith Hackett Photography does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Keith Hackett Photography reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.


Disclaimer of Warranties and Damages; Limitation of Liability
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER KEITH HACKETT PHOTOGRAPHY NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. KEITH HACKETT PHOTOGRAPHY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO KEITH HACKETT PHOTOGRAPHY'S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE.

UNDER NO CIRCUMSTANCES SHALL KEITH HACKETT PHOTOGRAPHY, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF KEITH HACKETT PHOTOGRAPHY, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $1.00.