General
Your use of the Shining Light Photography Website (the “Site”) constitutes your agreement and acceptance without modification of the legal disclaimers, notices, terms and conditions set forth herein (the "Terms and Conditions”). If you do not agree and accept without modification the legal disclaimers, notices, terms and conditions set forth herein, do not use this Site. These Terms and Conditions of use are subject to change without notice. Your use of the Site following any change constitutes your agreement to be bound by the terms and conditions then in effect.
Use License
Shining Light Photography grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement.
Copyrights
The Site, and all materials on this Site, including photographs, designs, illustrations, images and text, and all software, applications and services available on or associated with the Site, are the copyrighted property of Shining Light Photography and its affiliates or its licensors. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, applications or services from this Site.
Trademarks
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks of Shining Light Photography and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Shining Light Photography aggressively enforces its intellectual property rights to the fullest extent of the law. The Shining Light Photography name (and the names of its subsidiaries) may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Shining Light Photography. Shining Light Photography prohibits use of any links to the Site unless establishment of such a link is approved in advance by Shining Light Photography in writing. Fair use of Shining Light Photography's Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners, and should not be used without the permission of the trademark owner.
Trademarks
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks of Shining Light Photography and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Shining Light Photography aggressively enforces its intellectual property rights to the fullest extent of the law. The Shining Light Photography name (and the names of its subsidiaries) may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Shining Light Photography. Shining Light Photography prohibits use of any links to the Site unless establishment of such a link is approved in advance by Shining Light Photography in writing. Fair use of Shining Light Photography' Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners, and should not be used without the permission of the trademark owner.
Links to Third Party Sites
This Site may contain links to sites owned or operated by parties other than Shining Light Photography. Such links are provided for your reference only. Shining Light Photography does not control outside sites and is not responsible for their content. Shining Light Photography's inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does inclusion of the links imply that Shining Light Photography is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
Feedback
Any comments or feedback you provide to Shining Light Photography regarding the Site or products or services available on or associated with the Site are deemed to be non-confidential. This includes suggestions, ideas, comments or other submissions to Shining Light Photography, whether through the Site or otherwise. Shining Light Photography shall be free to use such comments or feedback on an unrestricted basis, without compensation to you. You agree that no comments or feedback submitted by you to Shining Light Photography will violate the rights of any third parties, including copyright, trademark, patent, privacy or other personal or proprietary rights.
Warranties and Disclaimers/Limitation of Liability
While Shining Light Photography uses reasonable efforts to confirm the reliability and accuracy of information on the Site, there is no guarantee that such information is accurate, and therefore all information is provided on an “as is” basis.
SHINING LIGHT PHOTOGRAPHY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR ASSOCIATED WITH THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SHINING LIGHT PHOTOGRAPHY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SHINING LIGHT PHOTOGRAPHY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL ANY OF SHINING LIGHT PHOTOGRAPHY, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR ASSOCIATED WITH THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Contacting Us
If you have any questions about this agreement, please call us at (352) 434-8752 or send us an e-mail at webmaster@shinesomelight.com. Although Shining Light Photography will in most circumstances be able to receive your e-mail or other information provided by you through this Site (including, without limitation, service requests and other submissions), Shining Light Photography does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that the Internet e-mail typically is not secure.
Jurisdiction and Governing Laws
This Site resides on a server in Hopkinsville, Kentucky, USA. You agree that this agreement and your use of this Site are governed by the laws of the Commonwealth of Kentucky, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Hopkinsville, Kentucky, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Shining Light Photography has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
Miscellaneous
You agree that Shining Light Photography may at any time and without notice change the terms, conditions and notices under which this Site is offered. Shining Light Photography reserves the right in its sole discretion to deny access to the Site or any portion thereof to any person or user without notice.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Shining Light Photography as a result of this agreement or your use of this Site.
Shining Light Photography's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Shining Light Photography's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Shining Light Photography with respect to such use.
This agreement and the Shining Light Photography Privacy Policy constitute the entire agreement between you and Shining Light Photography with respect to this Site. This agreement and the Shining Light Photography Privacy Policy supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Shining Light Photography with respect to this Site. No modification of this agreement shall be effective unless it is authored by Shining Light Photography or its affiliates, or unless it is physically signed in blue ink by a Shining Light Photography officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Shining Light Photography in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Shining Light Photography in printed form.
