René Michaels Photo & Design - TERMS OF USE AGREEMENT

Acknowledgement of Terms
This Terms of Use Agreement (Agreement) is a legally binding agreement between you and Rene Michaels Photo & Design regarding the use of the Rene Michaels Photo & Design Website (Website) and the information (Content) obtained through this Website. By accessing this Website you agree that you have read and understand this Agreement, and agree to all of the terms and conditions in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not further access this Website or its Content. The Website is intended only for persons who are of legal age to form legally binding contracts under applicable state law. The Website is not intended for individuals age 13 or under.

Agreement Amendment
Rene Michaels Photo & Design may modify this Agreement at any time by posting modifications to this Website in the form of a new Terms of Use Agreement. Your continued access to the Website after such modifications are made shall signify your agreement to such modifications. We encourage you to periodically review the posted Agreement. You may at any time print, download and/or store a copy of this Agreement. If you experience any difficulty in printing, downloading or storing this Agreement, please contact us at admin@photosbyrene.com.

Content
The photographs, graphics, text, visual design and layout displayed on the Website (Content) are owned by Rene Michaels Photo & Design. Rene Michaels Photo & Design expressly retains all right, title and interest in and to the Content and the related intellectual property rights. You may not copy, modify, post, republish or distribute any Content except with the prior written consent of Rene Michaels Photo & Design in each instance. Failure to adhere to these provisions could subject you to serious penalties under federal copyright law.

Availability of Limited Licenses for Photographs or Graphic Works
Rene Michaels Photo & Design offers limited licenses to copy and use many of the photographs or graphic works displayed on the Website or otherwise made available from Rene Michaels Photo & Design Photography. If you purchase a printed photograph or graphic work, you may display it wherever and however you choose, and may resell the single printed copy you purchased to a third party if you so desire, as long as you accurately identify Rene Michaels Photo & Design as the photographer, if asked. You may not copy or alter the printed photograph or graphic work in any way. If you purchase a photograph or graphic work in electronic format from Rene Michaels Photo & Design, you can choose to purchase a perpetual, limited, non-exclusive license to copy, display and use the photograph or graphic work for your personal purposes, or in your business (for example, in marketing materials or on your Website for your products or services). You may not alter the photograph or graphic work, resell the photograph or graphic work, misrepresent the origin of photograph or graphic work, or use the photograph or graphic work to compete with Rene Michaels Photo & Design in Rene Michaels Photo & Design's photography business. Rene Michaels Photo & Design at all times retains ownership of (all right, title and interest in and to) the photographs, graphic works and other content, subject only to license granted in this section. The license granted in this section is contingent upon your payment to Rene Michaels Photo & Design of the applicable fees for your specific usage.

Rene Michaels Photo & Design and its logos are trademarks or service marks of Rene Michaels Photo & Design. No display or use of such marks may be made without the express written permission of Rene Michaels Photo & Design.

Print Prices and Creative Fees
All fees quoted on this Website are subject to change without notice at any time.

Modifications to Website and Content
You acknowledge and agree that Rene Michaels Photo & Design may change, modify, amend, suspend or discontinue any aspect of the Website or Content at any time, without notice and without liability to any you or any third party.

Links to Other Websites
The Website may provide links to the Websites or services of others third-party sites. Links to such third-party sites do not constitute any endorsement by Rene Michaels Photo & Design of such third-party sites, or the products, content, materials or information presented or made available by such sites. You acknowledge and agree that Rene Michaels Photo & Design and its Affiliates are not responsible for any damages or losses caused or alleged to have been caused by the use of any third-party sites, or from the products, content, material or information presented by or available through those sites.

RENE MICHAELS PHOTO & DESIGN IS COMMITTED TO DEVELOPING OUR BODY OF work TO THE HIGHEST PROFESSIONAL LEVELS POSSIBLE WITHOUT COMPROMISING OUR FAITH OR OUR STANDARD OF ARTISTIC ENDEAVOR.

NOTE: CERTAIN EXTERNAL LINKS PROVIDED ON THIS WEBSITE LEAD TO ONLINE NETWORKING COMMUNITIES FOR MODELS, ACTORS, PHOTOGRAPHERS, ARTISTS, OTHER CREATIVE PROFESSIONALS AND AGENCIES. THESE EXTERNAL WEBSITES MAY CONTAIN PHOTOGRAPHY, ARTISTIC WORKS OR ADVERTISING THAT MAY BE CONSIDERED TO BE OF AN ADULT NATURE AND MAY BE OFFENSIVE TO SOME INDIVIDUALS. RENE MICHAELS PHOTO & DESIGN DOES NOT PHOTOGRAPH NUDES AND WE DO NOT LINK TO ADULT WEBSITES; HOWEVER, PLEASE UNDERSTAND THAT OTHER PORTFOLIO LINKS OR PHOTOS ON THESE EXTERNAL WEBSITES MAY CONTAIN PARTIAL OR FULL NUDITY. WITH RESPECT TO OUR WEBSITE VISITORS, EXTERNAL LINKS TO THESE WEBSITES WILL BE IDENTIFIED BEFORE YOU CLICK.

Disclaimer of Warranties
THE WEBSITE AND CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY OF INFORMATIONAL CONTENT.

Limitation of Liability
IN NO EVENT SHALL RENE MICHAELS PHOTO & DESIGN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS OR DAMAGES HOWSOEVER ARISING RELATED TO THIS WEBSITE OR CONTENT MADE AVAILABLE ON OR THROUGH THIS WEBSITE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, IN EXCESS OF FEES PAID BY YOU FOR PHOTOGRAPHS PURCHASED FROM RENE MICHAELS PHOTO & DESIGN. YOUR SOLE REMEDY AGAINST RENE MICHAELS PHOTO & DESIGN FOR ANY CLAIM IN CONNECTION WITH THIS WEBSITE IS TO DISCONTINUE USING THIS WEBSITE. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notices
Any notice to Rene Michaels Photo & Design regarding the Website or Content should be directed to admin@photosbyrene.com or personally delivered or mailed by certified or other receipted mail service to Rene Michaels Photo & Design, 13729 Research Blvd, Suite 610-113, Austin, TX 78750. Any notice to you shall be given by both e-mail and by postal delivery using the addresses given by you during registration. Notice shall be deemed given within three (3) days after the date of the postal mailing.

Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

Choice of Law
This Agreement shall be governed by and interpreted in accordance with laws of Williamson County Texas, without giving effect to any conflict of laws provisions. The parties hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in Williamson County Texas.

Waiver
The failure of Rene Michaels Photo & Design to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

Survival
The provisions of this Agreement which by their nature would continue beyond termination or expiration of this Agreement shall survive termination or expiration.