Terms and Conditions
User Agreement
In order to protect the interests of all of our users, as well as those of our information and service providers, you agree to abide by the following rules. The following terms and conditions (the "Terms and Conditions") apply to all visitors to, or users of, the James Hager Photography website (the "Website"). By accessing the Website, the user acknowledges acceptance of these Terms and Conditions. In the case of any violation of these Terms and Conditions, James Hager Photography reserves the right to seek all remedies available by law and in equity for such violations. By registering as a user or by using this Website, you hereby agree to be bound by all of the following Terms and Conditions.
Privacy Policy
While you can browse some sections of the Website without being a registered user, certain activities do require registration. By creating an account, you will provide the following personal information that will be associated with your account: first and last names, email address, city, and state. Your personal information will only be used for administrative purposes.
Termination of Service
You understand and agree that in James Hager Photography's sole discretion, and without prior notice, James Hager Photography may terminate your access to this Website or exercise any other remedy available and remove any unauthorized user content, if James Hager Photography believes that your use of the Website or any user content you provided has violated or is inconsistent with these Terms and Conditions, violated the rights of James Hager Photography, another user, or the law. You agree that monetary damages may not provide a sufficient remedy to James Hager Photography for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations.
Copyright Notice and Limitations on Use
All of the information, content, and services (collectively, the "Content") within this Website are protected by copyright and other intellectual property laws. The Content is owned by James Hager Photography and its affiliated companies, licensors and suppliers. The Content is intended for personal use only. While you may interact with or download a single copy of any portion of the Content for your personal, noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, repost or otherwise use any portion of the Content in any other way or for any other purpose without the written consent of James Hager Photography. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to
User Content
By placing material on the Website, you hereby grant to James Hager Photography the royalty-free, perpetual, irrevocable, sublicenseable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials on the Website. You also agree to indemnify, defend, and hold James Hager Photography harmless against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials. You further grant James Hager Photography the right to use your name in connection with the reproduction or distribution of such material.
General Disclaimer
Although James Hager Photography has attempted to provide accurate information on the Website, James Hager Photography assumes no responsibility for the accuracy of the information. All information provided on the Website is provided "as is" with all faults without warranty of any kind, either express or implied. James Hager Photography hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.
Limitation on Liability
James Hager Photography will not be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Website, or damages from the use of or reliance on the information present on the Website, even if James Hager Photography has been advised of the possibility of such damages.
Modification of the Web Site
James Hager Photography reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website. James Hager Photography may discontinue or revise any or all aspects of the Website in its sole discretion and without prior notice.
Modification of These Terms and Conditions
James Hager Photography reserves the right to change the Terms and Conditions at any time. Modifications will be deemed effective upon publication on the Website. It is your responsibility to check the Terms and Conditions at the time of each use.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Website must be filed in the federal or state courts.
PLEASE EXIT THE WEBSITE IMMEDIATELY.