TERMS OF USE

Welcome to www.forevercapturedimages.com.  This website is owned and operated by Kristy Ambrogio of Forever Captured Images.

Please read these Terms of Use carefully before using this website.  By using Forever Captured Images website, you signify you are in agreement with these Terms of Use.  If you do not agree to these Terms of Use, you may not use the Website.  In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services.  If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.

Privacy and Your Account

Please review our Privacy Policy, which also governs your visit to Forever Captured Images website, to understand our privacy practices.  We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Consideration

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of our website and data, materials and information available at or through Forever Captured Images website.

Restrictions on Use of Content

All content contained on Forever Captured Images website such as text, graphics, logos, icons, images, audio and video clips, digital downloads, software, etc., is the property of Forever Captured Images and is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted by Forever Captured Images.

Elements of Forever Captured Images websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part.

Use and Protection of Password and ID

Forever Captured Images will assign a password and account ID to you so you can access and use certain areas of the Website.  Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and Forever Captured Images shall have no obligation to investigate the authorization or source of any such access or use.  You acknowledge and agree that as between you and Forever Captured Images, you will be solely responsible for all access to and use of the website by anyone using the password and ID assigned to you whether or not such access to and use of the website is actually authorized by you, including all communictions and transmissions and all publications (including financial obligations for purchases through the website) that may result from such access or use.

You are solely respnosible for protecting the security and confidential of the password and ID assigned to you.  You shall immediately notify Forever Captured Images of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website's security of which you are aware.  You will be responsible for any activity conducted under your assigned password or ID.

System Requirements

Use of certain areas of Forever Captured Images website requires Internet access, audio manager software or other software allowing the downloading and storing of images or pdf files.  Forever Captured Images may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.

Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website.  Software and Devices may require you to obtain updates or upgrades from time to time.  Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection.  You acknowledge and agree that it it your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Device fee without recourse to Forever Captured Images.

Submissions

You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive or privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."  You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content.  We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.

Forever Captured Images makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “as is,” and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

In no event shall Forever Captured Images, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site.

Disclaimer of Warranties

The content on Forever Captured Images is provided "AS IS" and without warranty of any kind, expressed or implied.  To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.  We do not warrant that the functions contained in any content (including, without limitation, user-generated content) will be corrected, or that the website or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software.  We make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the website including, without limitation, any third party site or service linked to from the website (and specically no representation or warranty of correctness, accuracy, completeness, reliability or safety).

Indemnification

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agaents, representatives and assigns (collectively, the "Indemnified Parties"), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged by you of these Terms of Use.  You shall use your best efforts to cooperate with us in the defense of any claim.  We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

Limits of Liability

Under no circumstances (including negligence) shall Forever Captured Images be liable to you or anyone else for any direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from: A) the use of, or any inability to use, the website or any content or function thereof; or B) any act or omission, online or offline, of any user of the website or anyone else, even if we have been advised of the possibility of such damages.  In no event shall our total liability to you for all loss, cost, damage, liability or expense (including attorneys fees and costs) that you may suffer or incur, under vanytheory of liability, in contract, tort (including, but not limited to, negligence_ or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or particitpate in any activity related to the Website or $100.00.

Under no circumstances shall we or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force major or other cause beyond our or their control including, without limitation, acts of God, war equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.  Neither we nor any other indemnified party is respocible or able for:  A) any incompatibility between the website and any site, service, software or hardware; or B) any delay or failure you may experience with any transmission or transaction related to the Website. 

Copyright Complaints

We respect the intellectual property rights of others.  If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Amendment

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms or Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any changes to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

Termination

These Terms of Use are effective until terminated by either you or us.  You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of Forever Captured Images' website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise.  If you terminate these Terms of Use, you shall notify us by sending notice of such termination by certified United States mail, postage pre-paid to:  Forever Captured Images, 727 Calle Regal, Encinitas, California, 92024 Attention: Kristy Ambrogio.

We may terminate these Terms of Use (including your access to and use of Forever Captured Images) without cause and without notice to you, in our sole discretion.  Upon termination, you must cease any access to or use of Forever Captured Images and destroy all materials obtained from Forever Captured Images and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise.  We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.

Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Forever Captured Images website, or interfere with any other party's use and enjoyment of the Services.

You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any Forever Captured Images server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.